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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


A  >.?l    , 


MECHANICS'  LIENS 

In  Pennsylvania 


Under  The  Act  of  June  4,  1901, 
P.  L.  431,  and    Supple- 
ments thereto. 

With  Forms,  and  Decisions  to  Date. 


BY 

FRANCIS     CHAPMAN 

Of  the  Philadelphia  Bar. 

Professor  of  Practice  in,  asd  Dean  of  the  Law  Department 
of  Temple  University. 


Philadelphia: 

GEORGE  T.  BISEL  COMPANY 
Law   Publishers,    Booksellers   and   Importers 

1909 


9 


COPYRIGHT,    I909, 
BY 

George  T.  Bisel  Company. 


PREFACE. 

The  first  Mechanics'  Lien  law  in  Pennsylvania  was  the  Act  of 
April  i,  1803,  P.  L.  591,  which  applied  only  to  portions  of  the  City 
of  Philadelphia.  Other  Acts  were  from  time  to  time  enacted 
without  regard  to  "regular  order  or  proportion"  and  the  resulting 
confusion  was  so  great  that  in  1898,  the  Pennsylvania  Bar  Associa- 
tion instructed  the  Committee  on  Law  Reform  to  consider  the 
state  of  the  Mechanics'  Lien  law  and  "  in  the  event  of  their  deem- 
ing it  proper,  recommending  the  enactment  of  such  laws  as  may  in 
the  opinion  of  the  Committee  meet  the  necessities  of  the  case."  In 
1899  the  Committee  reported  to  the  Bar  Association,  the  draft  of 
the  Act,  now  known  as  the  Mechanics'  Lien  Act  of  1901.  In 
drafting  the  Act,  the  Committee  examined  all  the  lien  laws  en- 
acted in  Pennsylvania  as  well  as  other  States.  The  principles 
governing  the  Committee  in  the  preparation  of  the  Act  are  thus 
,a  stated  in  the  report  to  the  Bar  Association: 

"In  so  far  as  it  was  deemed  possible  so  to  do,  we  have  ad- 
hered to  the  existing  law  and  practice  of  this  State,  rather  than 
make  immaterial  changes  in  accordance  with  the  laws  and  prac- 
tice of  other  States.  This  has  been  done  partly  because  of  the  well 
established  principle  that  he  who  asks  a  change  has  the  burden  of 
proof  to  show  the  necessity  for  it ;  partly  because  a  method  well 
understood  should  not  be  changed  except  for  grave  cause;  partly 
because  our  methods  are  alone  consonant  with  our  general  system 
of  laws;  and  partly  because  an  attentive  study  of  the  statutes  of 
other  States  has  satisfied  us  that  the  basic  principles  of  ours  are 
to  be  preferred.  We  have  not  hesitated,  however,  in  extending 
the  rights  as  well  of  the  owner  as  of  the  lien  claimant,  where  ex- 
isting laws,  and  the  decisions  under  them  have  shown  the  neces- 
sity therefor.  While  we  cannot  claim  that  the  Act  we  have  drafted 
is  either  perfect  or  strictly  logical,  we  trust  it  will  be  found  that 
care  has  been  exercised  in  conserving,  as  far  as  may  be,  the  rights 
of  all  concerned." 

The  Act  thus  drafted  was  enacted  practically  without  change. 
Subsequent  legislation  has  been  intended  to  correct  minor  defects 
which  time  has  revealed. 

Opinions  as  to  the  clearness  of  the  Act  vary,  but  a  careful 

iii 


IV  PREFACE. 

study  of  and  adherence  to  its  text  and  of  the  decisions  under  it 
will  suffice  to  keep  the  practitioner  from  going  wrong.  This  little 
book  is  not  intended  as  a  philosophical  study  of  the  law  of  Me- 
chanics' Liens  but  as  an  aid  to  the  busy  lawyer  and  as  information 
to  the  contractor,  material-man  and  mechanic  who  wishes  to  know 
the  law  as  it  now  is.  In  preparing  the  book  I  have  examined  every 
reported  case  decided  under  the  Act  prior  to  May  i,  1909,  and  have 
cited  each  under  its  appropriate  section. 

That  my  work  is  perfect  I  do  not  believe,  for  perfection  is  not 
human,  but  as  I  have  tried  to  make  my  book  serviceable  both  to 
Bar  and  layman,  I  bespeak  their  kindly  judgment  of  it. 

My  grateful  acknowledgments  are  due  to  S.  Spencer  Chap- 
man and  Robert  Mair,  Esquires,  for  their  aid  in  preparing  the 
table  of  contents  and  index  and  for  valuable  suggestions  as  to  the 
forms  used  and  in  reading  and  correcting  the  proofs  and  thus 
avoiding  many  errors  which  I  perhaps  would  have  overlooked. 

FRANCIS  CHAPMAN. 
Philadelphia,  May  24,  1909. 


TABLE  OF  CONTENTS. 


Page. 

Mechanics'  Liens  in  Pennsylvania,  General  Provisions    1 

Section     1,  Definitions    

Section     2.  Against  what  a  lien  may  be  filed   5 

Section     3,  What  constitutes  a  curtilage  and  an  erection    8 

Section     4,  When  owner  bound  by  acts  of  third  parties    10 

Section     5,  Invalid    contract    1 1 

Section     6,  Work  or  material  furnished  for  public  purposes  12 

Section     7,  Puling  claimant  to  file  claim   17 

Section     8,  Notice  by  sub-contractor  of  intention  to  file  a  claim    19 

Section     9,  Protection    to    owner    22 

Section  10,  Prosecution  and  filing  of  claims   23 

Section  11,  Contents  of  the  claim    24 

Section  12,  Kinds   of  claims    30 

Section  13,  Encumbrance  of  liens   31 

Section  14,  Proceedings  to  ascertain  value  of  property   33 

Section  15,  Waiver  of  right  to  file  a  claim  34 

Section  16,  Agreement  for  payment  in  other  than  legal  tender 37 

Section  17,  Agreement  for  payment  at  specified  times  39 

Section  18,  Sub-contractors  bound  by  agreement  filed 40 

Section  19,  Contracts  impairing  rights  of  claimants 41 

Section  20,  Proceedings  in  bankruptcy  or  insolvency  against  owner  or  contractor  42 

Section  21,  Notice  to  the  owner  of  filing  of  claim   43 

Section  22,  Use    claimants    45 

Section  23,  Proceedings  where  error  is  made  in  claim  filed  46 

Section  24,  Intervention   by   third    parties   as    defendants   and   substitution    of 

defendants  by  claimants    47 

Section  25,  Proceedings  for  discharge  of  liens   48 

Section  26,  Assignment  of  claims   50 

Section  27,  Removal  or  detachment  of  structures   51 

Section  28,  Suits  and  attachments  for  labor  and  materials 52 

Section  29,  Form  of  writ  of  summons   53 

Section  30,  Alias  and  pluries  writ  of  summons   54 

Section  31,  Proceedings  to  compel  issuance  of  scire  facias   55 

Section  32,  Form  of  scire  facias   56 

Section  33,  Service  of  scire  facias   57 

Section  34,  Entry  of  judgment  and  assessment  of  damages 58 

Section  35,  Effect  of  judgment  against  contractor   59 

Section  36,  Nature  and  kind  of  defences  by  contractor  60 

Section  37,  Effect  of  judgment  against  owner   61 

Section  38,  Proceedings  to  alone  sell  structure    62 

Section  39,  Sequestration  of  rents,  profits,  etc 64 

V 


VI  TABLE   OF    CONTENTS. 


Page 


Section  40,  Revival  of  claim  by  writ  of  scire  facias  65 

Section  41,  Service  of  scire  facias  to  revive  67 

Section  42,  Practice  and  proceedings  to  revive    68 

Section  43,  Entry  of  record  on  judgment  index    69 

Section  44,  Execution  by  and  form  of  levari  facias   70 

Section  45,  Title  acquired  by  purchaser  at  sheriff's  sale  71 

Section  46,  Execution  against  quasi-public  corporations   72 

Section  47,  Sale  of  lease-hold  estate  at  judicial  sale  73 

Section  48,  Stay  of  proceedings 74 

Section  49,  Rights  of  claimants  in  case  of  fire  75 

Section  50,  Requirements  as  to  security   77 

Section  51,  Right  of  amendments  of  record  papers    78 

Section  52,  Return,  service,  filing,  etc.,  of  pleadings 81 

Section  53,  Service  of  notice,  rules,  petitions  82 

Section  54,  Entry  of  satisfaction  by  claimant    83 

Section  55,  Distribution  of  proceeds    84 

Section  56,  Priority  of  distribution  of  funds  in  legal  proceedings   85 

Section  57,  Receipt  as  condition  precedent  to  payment   86 

Section  58,  Purpose  of  act  as  to  rights  and  liabilities  87 

Section  59,  Appeals  to  supreme  and  superior  courts   88 

Section  60,  Application  of  the  act   89 

Section  61,  Repeals     90 

Practical  Hints  as  to  Mechanics'  Liens    109 

Forms    113 

Index    119 


TABLE  OF  CASES. 


Page 

Addis  v.  Lehr   ?   32 56, 

Am.  Car  Co.  v.  Water  Co §§  1,  8,  11 2,  20,  23,  29. 

Ballman  v.  Heron   §  5 11- 

Bank  v.  Construction  Co §§   2-6 7,   13. 

Beam  v.  Geiselman   §§  8,  51 20,   79. 

Billmyer  v.  Brubaker §   11 29. 

Breitweiser  v.  Scott    §  59 88. 

Brubaker's   Est §    11    29. 

Burns  v.  Judge  §§   11,  21,  51 28,  44,  80. 

Collins  v.   R.   R §  8 19. 

Compton  v.  Sankey  §§  21,  51 43,  80. 

Cordes  v.  Ralston    §  24 47. 

Crider  v.  McCafferty  §§  8-11-21 19,  27,  43. 

Davis  v.  Church  §   10 23. 

Day  v.  R.  R §  8 20. 

Deichley's   Est §  56 85. 

Dunbar  v.  Foundry  Co §  3 9. 

East  End  Mantle  Co.  v.  Plumbing  Co §§  2,  11,  36 7,  29,  60. 

East  Stroudsburg  Co.'s  Ap §  3 9. 

Emerick  v.  Transfer  Co §  21 43. 

Este  v.  R.  R §§  8,  23 20,  46. 

Fairlamb  v.   Smedley    §  28 52. 

Felin  v.  Conway  §§  34,  35 58,  59. 

Fenner   v.   Trust    Co §  2  7. 

Fisher  Foundry  Co.  v.  Iron  Co §§  2,  20 7,  42. 

Funck  v.  Iron  Co §  8 20. 

Gerrard  v.  Ecker   §  21 44. 

Getz  v.  Brubaker   §S  1,  8 1,  4,  20. 

Glassport  L.  Co.  v.  Wolf  §   15 35. 

Guarantee  B.  &  L.  Assn.  v.  Connor    §   11 27. 

Guest  v.  Water  Co §  2 6. 

Haas  v.  Hay   §  21 44. 

Hall  v.  Blackburn    §  3 9. 

Heddon  v.  Wainwright   §  11   28. 

vii 


VI 11  TABLE   OF   CASES. 


Page 


Holthouse  v.  Bray   §  51 79. 

Hoover  v.   Lebo    §  51 79. 

Howard  v.  Allison    §  8 19. 

James  v.  Homoyer  §§  8,  11,  51 19,  27,  79. 

Keel  v.  Rhoads  §  21 43. 

Keely   v.    Jones    §  8 18. 

King  v.  Church    §§  8,  11 19,  28. 

King  v.  Reese   §   15 35. 

Knelly  v.  Horwath    §  11 2,  27. 

Kreusler  v.  Glukoff  g  15 36. 

Kurie  v.  (Nottingham   §  59 88. 

Langbein's   Est §§  20,  56 42,  85. 

Law  v.  Devine    §    3 9. 

Lehr  v.  Schroth   §§   19,  20 41,  42. 

Linden  Steel  Co.  v.  Mfg.  Co §3 9. 

Lofink  v.  Schuette  §§  8,  53 20,  82. 

Lord  v.  O'Brien   g  51 80. 

Lumber  Co.  v.  O'Brien  §  21 44. 

Lumber  Co.  v.  Turnbach   §  51 80. 

Maddock  v.  McGann   §§  8,  11,  21 20,  28,  43. 

MeKown  v.  Harris  §  2 7. 

McVey  v.  Kauffmann    §  8 19,  29. 

Mehl  v.  Fisher §  3 9. 

Miller  v.  Fitz   §§  4-11 10,  25. 

Mock  v.  Roseoe  §§  8,  21 19,  43. 

Montello  Brick  Works  v.  Hoot §§  15,  19 35,  41. 

Morrison  v.  Bank    §§  11,  36 29,  60. 

Mulherin  v.  Jones    §  ii   27. 

Mulherin  v.  Judge   §    51 80. 

Nagle  v.  Saengerbund  §  21 43,  44. 

Nice  v.  Walker  §  15 35. 

Opinion  of  Atty.  General    §  6 13. 

Pagnacco  v.  Faber  §  24 47. 

Porter  v.  Weightman   §  3 9. 

Prudential  Trust  Co.  v.  Hildebrand S  55 84. 

Rogers  v.  Lisowski    §    28 52. 

Sand  Co.  v.  Rwy §  51 79. 

Sash  Co.  v.  Thompson   §§   11,  12,  37 24,  30,  61. 


TABLE   OF   CASES.  IX 

Page 

Scott  v.  Morgan   §  34 58. 

Shee  v.  Walker   §  24 47. 

Short  v.  Miller    §  3 9. 

Sinnott  v.  Beard    §§  2,  4,  8,  11,  13,  51    •  7,  10,  19,  29,  32,  79. 

Soffel  v.  Jones    §  11 25. 

Stover  v.  Foltz  §  8 20. 

Stoner  v.  Hileman   §  21 44,  82. 

Tenn.  Marble  Co.  v.  Grant   §  28 52. 

Thirsk  v.   Evans    §1  8,  11,  51 20,  27,  79. 

Todd  v.  Gernert   §  12 30. 

Valley  Lumber  Co.  v.  Orr   §  49 76. 

VanSciver  v.  Churchill   §§  11,  15,  25 28,  36,  49. 

Vulcanite  Co.  v.  Allison  §§  28,  29,  30 52,  53,  54. 

Vulcanite  Paving  Co.  v.  Transit  Co §§  2,  46 6,  72. 

Walker  v.  Gouron    §    21 44. 

Walter  v.  Powell    §  21 43. 

Warren  v.  Johnston    §  11 27,  28. 

Werner  v.  Chemical  Co §  8 19. 

Wilson  v.  Commrs §  2 6. 

Wolf  v.  Glassport  Lumber  Co §  15 35. 

Wolf  v.  R.  R §§  8,  11 19,  29. 

Wyss  v.  Beaver  Val.  Co §  15 36. 

Wvss-Thalman  v.  Brew.  Co §  34 58. 


Mechanics'   Liens  in  Pennsylvania 


Act  of  June  4,  1901,  P.  L.  431,  and  Supplements  Thereto, 


AN  ACT  defining  the  rights  and  liabilities  of  parties 
to  and  regulating  the  effect  of  contracts  for  work 
and  labor  to  be  done,  and  labor  or  materials  to  be 
furnished  to  any  building,  bridge,  wharf,  dock, 
pier,  bulkhead,  vault,  subway,  tramway,  toll-road, 
conduit,  tunnel,  mine,  coal-breaker,  flume,  pump, 
screen,  tank,  derrick,  pipe-line,  aqueduct,  reser- 
voir, viaduct,  telegraph,  telephone,  railway  or 
railroad  line,  canal,  mill-race,  works  for  supply- 
ing water,  heat,  light,  power,  cold  air,  or  any 
other  substance  furnished  to  the  public,  well  for 
the  production  of  gas,  oil  or  other  volatile  or  min- 
eral substance,  or  other  structure  or  improvement 
of  whatsoever  kind  or  character  the  same  may 
be,  providing  remedies  for  the  recovery  of  debts 
due  by  reason  of  such  contracts,  and  repealing, 
consolidating  and  extending  existing  laws  in  rela- 
tion thereto. 

This  Act  is  constitutional.  It  is  not  an  extension  of  existing  laws  but 
a  substitute  for  them. 

The  laws  relating  to  mechanics'  liens  had  in  the  course  of  time  grown 
by  additions  "without  regular  order  or  proportion"  and  "it  was  deemed 
advisable  to  replace  this  fragmentary  legislation  by  a  comprehensive,  con- 
sistent Act  better  adapted  to  present  conditions  and  more  complete  in  its 
scope  and  objects.  No  existing  statute  as  such  was  incorporated  into  the 
new  law,  but  the  meritorious  parts  of  the  then  existing  statutes  with  such 
additions  as  experience  had  shown  to  be  desirable  were  combined  to  con- 
stitute a  new  law  intended  to  be  as  comprehensive  as  the  requirements  of 
the  subject  made  necessary."    Getz  v.  Brubaker,  25  Pa.  S.  C.  R.  305. 


2  MECHANICS     LIENS   IN   PENNSYLVANIA. 

"A  mechanics'  lien  is  purely  statutory  and  a  compliance  with  the 
statutory  requirements  is  necessary  to  give  it  validity.  There  is  no  in- 
tendment in  its  favor.  It  must  be  self-sustaining  and  must  show  on  its 
face  that  it  is  such  a  lien  as  the  statute  authorized  the  claimant  to  file." 
Knelly  v.  Horwath,  208  Pa.  487. 

It  is  good  practice  to  closely  follow  the  wording  of  the  Act,  but  if  the 
essential  requirements  are  substantially  complied  with  it  is  sufficient. 

"Adherence  to  the  terms  of  the  statute  is  indispensable  but  the  rule 
must  not  be  pushed  into  such  niceties  as  serve  only  to  perplex  and  em- 
barrass a  remedy  intended  to  be  simple  and  summary  without  in  fact  add- 
ing anything  to  the  security  of  the  parties  having  an  interest  in  the  build- 
ing sought  to  be  encumbered."  Am.  Car  Co.  v.  Alexandria  Water  Co., 
215  Pa.  520. 


MECHANICS'  LIENS  IN  PENNSYLVANIA. 


SECTION  i. 
Definitions. 


Section  i.     Be  it  enacted,  &c,  That  the  words 

Structu 

mprove- 


"structure  or  other  improvements,"  as  used  in  this  other*1]" 


act,  mean  any  building,  bridge,  wharf,  dock,  pier,  bulk-men  s' 
head,  vault,  subway,  tramway,  toll-road,  conduit,  tun- 
nel, mine,  coal-breaker,  flume,  pump,  screen,  tank,  der- 
rick, pipe-line,  aqueduct,  reservoir,  viaduct;  telegraph, 
telephone,  railway  or  railroad  line;  canal,  mill-race; 
works  for  supplying  water,  heat,  light,  power,  cold  air, 
or  any  other  substance  furnished  to  the  public;  well 
for  the  production  of  gas,  oil  or  other  volatile  or  min- 
eral substance ;  or  other  structure  or  improvement  of 
whatsoever  kind  or  character  the  same  may  be. 

The  word  "owner"  means  an  owner  in  fee,  a  ten- 
ant for  life  or  years,  or  one  having  any  estate  or  inter-  owner 
est  in  the  property  described  in  the  claim,  who,  by 
contract  or  agreement,  express  or  implied,  in  person 
or  by  another,  contracts  for  the  erection,  construc- 
tion or  removal  of  the  structure  or  other  improvement 
or  any  part  thereof;  for  the  addition  thereto,  for  the 
alteration  or  repair  thereof,  or  for  the  fitting  up  or 
equipping  the  same  from  time  to  time  for  the  purpose 
for  which  it  is  intended. 

The  word  "contractor"  means  one  who,  by  con-  contractor 
tract  or  agreement,  express  or  implied,  with  the  owner 
or  the  one  who  acts  for  the  owner,  plans  or  superin- 
tends the  structure  or  other  improvement  or  any  part 
thereof;  or  furnishes  labor,  skill,  or  superintendence 
thereto;  or  supplies  or  hauls  materials  reasonably  nec- 
essary for  and  actually  used  therein;  or  any  or  all  of 
them,  whether  as  an  architect,  superintendent,  builder 
or  materialman. 

The  word  "sub-contractor"  means  one  who,  by  sub-contractor 


MECHANICS     LIENS   IN   PENNSYLVANIA. 


Claimant. 


Property. 


contract  or  agreement,  express  or  implied,  with  the 
contractor  or  with  one  who  acts  for  him,  superintends 
the  structure  or  other  improvement  or  any  part 
thereof;  or  furnishes  labor,  skill  or  superintendence 
thereto;  or  supplies  or  hauls  material  reasonably  nec- 
essary for  and  actually  used  therein;  or  any  or  all  of 
them,  whether  as  superintendent,  builder  or  material- 
man; excluding,  however,  architects  and  those  con- 
tracting with  materialmen. 

The  word  "claimant"  means  the  person  who  has 
filed  or  may  file  the  claim  as  a  lien  against  the  prop- 
erty. 

The  word  "property"  means  the  estate  in  fee;  the 
freehold,  leasehold  or  other  estate  or  interest  therein 
with  the  structure  or  other  improvement  thereon,  and 
the  fixtures  and  other  personal  property  used  in  fit- 
ting up  and  equipping  the  same  for  the  purpose  for 
which  it  is  intended;  all  of  which  belong  to  the  owner, 
and  against  which  the  claim  is  filed  as  a  lien. 


It  is  within  the  power  of  the  legislature  to  declare  in  a  statute  the 
sense  in  which  it  used  certain  words  therein  contained.  Getz  v.  Brubaker, 
25  Pa.  S.  C.  R.  303. 


MECHANICS    LIENS  IN  PENNSYLVANIA. 


SECTION  2. 
Against  What  a  Lien  may  be  Filed. 

Sec.  2.  Every  structure  or  other  improvement,  structures 
and  the  curtilage  appurtenant  thereto,  shall  be  subject enumerated 
to  a  lien  for  the  payment  of  all  debts  due  to  the  con- 
tractor or  sub-contractor  in  the  erection  and  construc- 
tion or  removal  thereof,  in  the  addition  thereto,  and  in 
the  alteration  and  repair  thereof,  and  of  the  out-houses, 
sidewalks,  yards,  fences,  walls  or  other  enclosure  be- 
longing to  said  structure  or  other  improvement;  and 
in  the  fitting  up  or  equipment  of  the  same  for  the  pur- 
pose for  which  the  improvement  is  made,  including 
paper-hanging,  grates,  furnaces,  heaters,  boilers,  en- 
gines, chandeliers,  brackets,  gas  and  electric  pipes, 
wires  and  fixtures;  and  for  like  debts  contracted  by 
such  owner  in  the  fitting  up  or  equipment  with  ma- 
chinery, gearing,  boilers,  engines,  cars  or  other  useful 
appliances  of  new  or  old  structures  or  other  improve- 
ments for  business  purposes;  and  for  like  debts  con- 
tracted by  such  owner  for  rails,  ties,  pipes,  poles  and 
wires,  and  the  excavation  for  and  laying  and  relaying 
or  stringing  and  restringing  said  rails,  ties,  pipes  or 
wires,  or  erecting  said  poles,  whether  on  the  property 
described  in  the  claim  or  upon  other  private  property 
or  public  highways.  But  no  lien  shall  be  allowed  for  No  lien  for  work 
labor  or  materials  furnished  for  purely  public  pur-  p°oriePsUbllc  pu 
poses ;  nor  against  any  property  held  by  the  commit- 
tee of  a  lunatic,  the  guardian  of  a  minor  or  a  trustee 

°         ,  Nor  against 

under  deed,  will  or  appointment  by  the  court,  unless  property  held  by 

rtr  J  guardians,    etc. 

by  virtue  of  a  contract  made  under  authority  of  the 

court  or  of  the  power  contained  in  the  deed  or  will. 

Nor  shall  any  claim  for  alterations  or  repairs,  or  for 

fitting  up  or  equipping  old  structures  with  machinery,  to  old  structures. 

gearing,  boilers,  engines,  cars  or  other  useful  appli- 


6  MECHANICS    LIENS  IN   PENNSYLVANIA. 

ances  be  valid,  unless  it  be  for  a  sum  exceeding  one 

hundred  [dollars]  *;  and,  in  the  case  of  a  sub-contrac- 

c"ed  $100  tor,  unless  also  written  notice  of  an  intention  to  file  a 

Sub  contractor  .     .  ,  .        . .     ,  ,         ,  .  ,     ,      . ,  . 

to  give  notice,  claim  therefor  if  the  amount  due  be  not  paid  shall  have 
been  given  to  the  owners  or  some  one  of  them,  or  for 
him  to  an  adult  member  of  his  family  or  the  family 
with  which  he  resides,  or  to  his  architect,  agent,  mana- 
ger or  executive  or  principal  officer,  on  or  before  day 
the  claimant  completed  his  work  or  furnished  the  last 

claim  against     of  his  materials.   Nor  shall  any  claim  be  valid  against 

estate   of   owner 

—written  consent  the  estate  of  an  owner  by  reason  of  any  consent  given 

necessary.  J  ^  J 

by  him  to  his  tenant  to  improve  the  leased  property 
unless  it  shall  appear  in  writing  signed  by  such  owner 
that  said  improvement  was  in  fact  made  for  his  imme- 
diate use  and  benefit. 

This  section  enumerates  the  structures  against  which  the  lien  may  be 
filed  and  gives  a  right  of  lien  for  some  things  in  the  nature  of  fittings  or 
equipment  which  at  one  time  were  not  the  basis  for  a  lien. 

No  Lien  Shall  be  Allowed  for  Labor  or  Materials  Furnished  for 

Purely  Public  Purposes. 

Under  the  Act  of  1836  the  buildings  of  public  corporations  were  not 
subject  to  liens,  Wilson  v.  Commrs.  of  Huntingdon  Co.,  7  W.  &  S.  197, 
nor  were  those  of  quasi-public  corporations  if  essential  to  their  public 
use.  Guest  v.  Water  Co.,  142  Pa.  610.  Section  46,  providing  for  execu- 
tion, seems  to  imply  that  quasi-public  corporations  may  now  be  subject  to 
liens,  but  see  Vulcanite  Paving  Co.  v.  Transit  Co.,  220  Pa.  603. 

Nor  Against  any  Property  Held  by  the  Committee  of  a  Lunatic, 

the  Guardian  of  a  Minor  or  a  Trustee  under  Deed,  Will  or 

Appointment  of  the  Court  Unless,  Etc. 

In  Johnson  on  Mechanics'  Lien  Law  in  Pennsylvania,  pages  132,  133, 
135  (1886),  the  writer  says  it  had  not  been  therefore  decided  whether  an 
executor,  guardian,  or  committee  could  subject  the  trust  property  to  a 


*The  word  "dollars"  supplied  above  is  not  in  the  act  as  printed  on  page  432, 
laws  of  1901,  but  the  legislature  undoubtedly  intended  the  minimum  amount  to  be 
one  hundred  dollars. 


MECHANICS    LIENS  IN  PENNSYLVANIA.  7 

lien.  The  doubt  is  now  resolved  by  the  Legislature  against  the  right  ex- 
cept where  the  provisions  of  this  section  have  been  complied  with.  In  all 
cases  under  this  Act,  except  alterations  and  repairs  the  lien,  takes  "Effect 
as  of  the  date  of  the  visible  commencement  upon  the  ground  of  the  work 
of  building,  etc."  If  the  date  to  which  the  lien  related  were  anterior  to  the 
appointment  of  the  receiver,  committee,  guardian,  or  trustee  the  lien  may 
be  filed.  Foundry  Co.  v.  Iron  Co.,  22  Lane.  L.  R.  292 ;  23  Lane.  L.  R. 
398;  19  York  L.  R.  47.  The  lien  filed  against  the  property  held  by  the 
trustee,  etc.,  must  show  a  contract  made  by  authority  of  court  or  under  the 
power  given  in  deed  or  will  or  it  will  be  fatally  defective  and  stricken  off. 
Fenner  v.  Trust  Co.,  13  D.  R.  47.  Where  a  receiver  is  appointed  by  the 
court  but  no  authority  is  given  him  to  purchase  materials  on  the  credit  of 
an  improvement  he  is  constructing,  a  person  furnishing  him  material  can- 
not lien  the  improvement  therefor.     Bank  v.  Smith  Const.  Co.,  218  Pa. 

584. 

"Written  Notice  of  an  Intention  to  File  a  Claim." 

A  sub-contractor  claiming  for  alteration  and  repairs  must  give  two 
notices  before  he  can  file  a  lien — first  the  notice  in  this  section  which  must 
be  given  on  or  before  the  day  he  completes  his  work,  etc.,  and,  second, 
a  notice  of  intent  under  §  8  with  a  sworn  statement  of  the  contract  and 
amount  due  one  month  before  he  can  file  his  lien.  Sinnott  v.  Beard,  14 
D.  R.  619.  The  notice  required  in  this  section  is  the  notice  referred  to  in 
§  11,  par.  11,  of  the  original  Act  and  is  not  supplied  by  the  giving  of  the 
notice  in  §  8.  East  End  Mantle  and  Tile  Co.  v.  Greensburg  Plumbing 
Co.,  16  D.  R.  779.  It  supplies  the  place  of  the  Act  of  May  18,  1887,  P.  L. 
118,  requiring  notice  of  intention  to  be  given  at  the  time  of  furnishing  ma- 
terial or  doing  work. 

"In  Writing  Signed  by  such  Owner  that  Said  Improvement  Was 
in  Fact  Made  for  His  Immediate  Use  and  Benefit." 

Consent  to  a  tenant  to  improve  leased  property  at  his  own  cost,  the 
improvements  to  remain  at  the  end  of  his  term  will  not  amount  to  such  a 
writing  as  is  here  required.  McKown  &  Beatty  V.  Harris,  15  D.  R.  611. 
The  owner  must  state  over  his  signature  that  the  improvement  consented 
to  is  for  his  immediate  use  and  benefit. 


8 


MECHANICS     LIENS   IN   PENNSYLVANIA. 


Curtilage. 


Substantial    ad- 
dition   treated    as 
an   erection. 


"When  labor  or 
materials  fur- 
nished will  be 
treated  as  part 
of   erection. 


Presumption 
when    materials 
are   delivered. 


SECTION  3. 
What  Constitutes  a  Curtilage  and  an  Erection. 


Sec.  3.  The  curtilage  appurtenant  to  the  struc- 
ture or  other  improvement  shall  be  such  as  is  reason- 
ably needed  for  the  general  purpose  for  which  such 
structure  or  other  improvement  was  made,  and  be- 
longing to  the  same  owner,  including  other  struc- 
tures, whether  newly  erected  or  altered  or  changed 
for  such  purpose  and  forming  part  of  a  single  busi- 
ness or  residential  plant.  A  substantial  addition  to  a 
structure  or  other  improvement  shall  be  treated  as  a 
new  erection  or  construction  thereof;  and  the  addition 
and  the  structure  or  other  improvement  of  which  it 
becomes  a  part  and  the  curtilage  appurtenant  to  both 
shall  be  subject  to  the  lien.  Every  adaptation  of  an 
old  structure  or  other  improvement  to  a  new  or  dis- 
tinct use  which  effects  a  material  change  in  the  in- 
terior or  exterior  thereof  shall  also  be  deemed  an 
erection  or  construction  thereof.  Any  labor  or  ma- 
terials furnished  in  completely  fitting  up  or  equipping 
the  structure  or  other  improvement  for  the  purpose 
for  which  it  was  intended,  whether  on  the  property 
subject  to  the  lien  or  elsewhere,  if  actually  done  or 
used  for  the  purpose,  shall  be  treated  as  part  of  the 
erection  or  construction  thereof.  Materials  placed 
on  or  near  the  curtilage  appurtenant  to  the  structure 
or  other  improvement,  or  delivered  to  the  owner  or 
contractor  for  use  therein,  shall  be  presumed  to  have 
been  used  therein. 


Curtilage. 

The  idea  of  a  curtilage  as  contained  herein  is  that  the  curtilage  in- 
cludes all  land  and  buildings  needed  for  the  general  purpose  and  forming 
part  of  an  entire  plant.    The  same  idea  controlled  the  decisions  in  Linden 


MECHANICS    LIENS  IN  PENNSYLVANIA.  9 

Steel  Co.  v.  Mfg.  Co.,  158  Pa.  238;  Short  v.  Miller,  120  Pa.  470;  East 
Stroudsburg  Lumber  Co.'s  Ap.,  1  Pa.  S.  C.  R.  267. 

Substantial  Addition. 

The  principle  which  runs  throughout  all  cases  is  the  "newness  of 
structure  in  the  main  mass  of  the  building."  Hall  v.  Blackburn,  173  Pa. 
310.  Under  prior  acts  where  the  old  building  remained  as  a  substantial 
part  of  the  completed  structure,  it  was  treated  as  an  alteration  and  repair. 
Mehl  v.  Fisher,  13  Pa.  S.  C.  R.  330;  Law  v.  Devine,  13  Pa.  S.  C.  R.  152. 
When  the  facts  are  ascertained  or  undisputed  the  court  must  determine 
what  does  or  does  not  constitute  a  new  building.  Where  the  new  part  of 
the  external  walls  and  roof  of  a  building  are  in  the  same  position  which 
had  been  occupied  by  the  part  torn  away  and  the  interior  arrangement  is 
unchanged  the  work  is  not  a  substantial  addition  but  a  work  of  repair  and 
restoration.  Porter  v.  Weightman,  29  Pa.  S.  C.  R.  488.  See  on  this  sec- 
tion Dunbar    v.  Washington  Foundry,  210  Pa.  58. 


10  MECHANICS     LIENS   IN   PENNSYLVANIA. 


SECTION  4. 
When  Owner  Bound  by  Acts  of  Third  Parties. 

excepted °wnor*  Sec.  4-     ^ny  owner  not  being  a  committee,  guar- 

dian or  trustee  as  aforesaid,  who  shall  knowingly  suf- 
fer or  permit  any  person,  acting  as  if  he  were  the  own- 
to  be1  made!0 '      er,  to  make  a  contract  for  which  a  claim  could  be  filed 
without  objecting  thereto  at  the  time,  shall  be  treated 
as  ratifying  the  act  of  such  person  acting  as  if  he  were 
when  ratification  ^ie  owner>  and  the  claim  may  be  filed  against  the  real 
presumed.  owner  with  the  same  effect  if  he  himself  had  made  the 

contract.  Ratification  shall  also  be  presumed  and  a 
like  subjection  to  lien  shall  follow  if  the  owner,  not 
being  a  committee,  guardian  or  trustee  as  aforesaid, 
Repudiation.  subsequently  learning  of  such  contract  or  of  work  be- 
ing done  upon  his  property,  shall  not  within  ten  days 
thereafter  repudiate  the  same,  either  by  notice  to  the 
contractor  and  sub-contractors  or  by  posting  such  re- 
pudiation on  the  most  public  part  of  the  structure  or 
other  improvement. 

Ratification. 

This  section,  while  speaking  of  ratification,  seems  to  really  involve  the 
principle  of  estoppel.  If  one  who  owns  or  claims  property  stands  by  in 
silence  and  sees  another  act  on  the  assumption  that  a  third  person  is  the 
owner  he  cannot  subsequently,  when  he  has  thus  prejudiced  the  second, 
claim  to  be  owner  and  repudiate  what  has  been  done.  Had  he  spoken,  the 
second  person  might  not  have  made  a  contract  or  done  any  work.  By  his 
silence  he  is  estopped.  Sinnott  v.  Beard,  14  D.  R.  619;  21  Montg.  Co., 
93 ;  10  Northampton  Co.  16. 

Ratification  is  presumed,  if  after  the  contract  is  made  and  work 
done,  the  owner  learns  of  it  and  does  not  within  ten  days  repudiate  the 
contract  as  provided  in  the  Act. 

Third  Party  Acting  as  Owner. 

Where  a  married  woman  permits  her  husband  to  act  as  owner  and 
makes  him  her  agent  to  contract,  a  sub-contractor  may  file  a  lien  under 
this  section  and  notices  served  on  the  husband  of  intention  to  file  a  claim, 
and  that  it  has  been  filed,  will  be  good.    Miller  v.  Fitz,  17  D.  R.  933. 


MECHANICS    LIENS  IN  PENNSYLVANIA.  II 


SECTION  5. 
Invalid  Contract. 

Sec.  5.     A  contract  made  by  the  owner  with  one  £°el*g  bet^SS 
not  intended  in  good  faith  to  be  the  contractor  for  the  parties- 
the   structure   or  other  improvement   shall  have  no 
legal   effect  except  as  between  the  parties  thereto, 
even  though  written,  signed  and  filed  as  hereinafter 
provided;   but  such  contractor,   as   to   third  parties,  Contractor 
shall  be  treated  as  the  agent  of  the  owner.  treated  as  aeent 

Contract  Not  in  Good  Faith. 

This  section  enacts  into  statute  law  the  rule  laid  down  by  our  Su- 
preme Court  in  Ballman  v.  Heron,  169  Pa.  510,  that  if  the  contract  is  not 
made  in  good  faith  but  is  entered  into  for  the  purpose  of  misleading  and 
defrauding  sub-contractors  and  material  men,  it  should  be  held  invalid. 


12 


MECHANICS'   LIENS   IN    PENNSYLVANIA. 


SECTION  6. 
Work  or  Materials  Furnished  for  Public  Purposes. 


Sub-contractor 
to   give   notice. 


What    notice    to 
contain. 


Proceedings 
where  claim  is 
unpaid. 


Payment   into 
Court. 


Security    may    be 
required. 


Provision  If 
amount    disputed. 


Sec.  6.  Where  labor  or  materials  are  furnished 
for  anystructureor  other  improvement  for  purely  pub- 
lic purposes,  in  lieu  of  the  lien  given  by  this  Act,  any 
sub-contractor  who  has  furnished  labor  or  materials 
thereto  may  give  a  written  and  duly  sworn  notice  to 
the  Commonwealth,  or  any  division  or  sub-division 
thereof,  or  any  purely  public  agency  thereunder,  being 
the  owner  of  the  structure  or  other  improvement  set- 
ting forth  the  facts  which  would  have  entitled  him  to 
a  lien  as  against  the  structure  or  other  improvement 
of  a  private  owner;  whereupon,  unless  such  claim  be 
paid  by  the  contractor  or  adequate  security  be  given 
or  have  been  given  to  protect  all  such  claimants,  the 
Commonwealth,  or  the  division  or  sub-division 
thereof,  or  purely  public  agency  thereunder,  shall  pay 
the  balance  actually  due  the  contractor  into  the  Court 
of  Common  Pleas  of  the  county  in  which  the  struc- 
ture or  other  improvement  or  the  principal  part 
thereof  is  situate  for  distribution  to  such  parties  as 
would  be  entitled  thereto  were  it  paid  into  court  in 
the  case  of  a  private  owner;  and  the  Commonwealth 
hereby  does,  and  any  division  or  sub-division  thereof, 
or  any  purely  public  agency  thereunder,  may,  require 
that  any  contract  for  public  work  shall,  as  a  condition 
precedent  to  its  award,  provide  for  approved  security 
to  be  entered  by  the  contractor  to  protect  all  such 
parties.  If  a  dispute  arises  as  to  the  balance  actually 
due,  the  amount  admitted  shall  be  paid  into  court  and 
a  suit  brought  to  recover  the  disputed  part  in  the 
name  of  the  contractor  to  the  use  of  the  parties  inter- 
ested, and  any  amount  recovered  shall  be  distributed 
as  above  set  forth. 


MECHANICS    LIENS  IN  PENNSYLVANIA.  1 3 

By  the  Act  of  April  22,  1903,  P.  L.  255,  the  original  section  was 
amended  by  striking  out  the  word  "park"  and  inserting  the  words  "prin- 
cipal part  thereof"  where  italicized. 


Notice. 

A  sub-contractor  who  has  furnished  material  for  a  city  improvement 
and  who  desires  to  establish  a  claim  against  a  public  improvement  must 
give  the  preliminary  notice  of  intention  such  as  is  required  by  §  8  in  the 
case  of  a  private  owner.    Bank  v.  Smith  Const.  Co.,  218  Pa.,  581. 

Security. 

If  a  claim  is  filed  by  a  sub-contractor  on  a  public  improvement,  e.  g., 
a  State  road,  the  Commonwealth  or  sub-division  may  pay  over  the  entire 
sum  taking  adequate  security  to  protect  such  parties.  If  the  amount  is 
disputed  it  should  be  paid  into  court.  Opinion  of  Attorney  General,  9 
Dauphin  Co.  242. 

The  above  section  as  has  been  seen,  provides  for  proceedings  by  a 
sub-contractor  where  labor  or  material  has  been  furnished  for  public 
purposes  and  is  broad  enough  to  cover  claims  against  the  Commonwealth 
or  any  division  or  sub-division  thereof. 

By  an  Act  approved  May  6,  1909,  a  method  was  provided  whereby 
"moneys  due  sub-contractors  for  labor  and  materials  furnished  for  and  in 
the  construction  of  municipal  work  or  public  improvements,  may  be  se- 
cured and  recovered." 

This  Act  does  not  purport  to  be  a  supplement  to  the  Mechanics'  Lien 
Act  of  1901,  but  it  would  seem  that  so  far  as  municipal  contracts  are  con- 
cerned, the  remedy  provided  by  it,  is  substituted  in  place  of  Section  6  of 
the  Act  of  1901.  As  the  Act  of  1909  does  not  apply  to  anything  save  con- 
tracts for  the  construction  of  municipal  work,  it  cannot  be  said  that  the 
sixth  section  of  the  Act  of  1901  is  entirely  abrogated. 

The  text  of  the  Act  of  1909  is  as  follows : 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  of  the  Commonwealth  of  Pennsyl- 
vania in  General  Assembly  met  and  it  is  hereby  en- 
acted by  the  authority  of  the  same,  That  when  labor 
or  materials  are  furnished  for  and  in  the  construction 
of  any  municipal  work  or  public  improvement,  any 
sub-contractor  who  has  furnished  labor  or  materials 


14  MECHANICS'  LIENS  IN   PENNSYLVANIA. 

therefor  may,  at  any  time  before  the  construction  of 
such  work  or  improvement  is  completed  and  accepted 
by  the  municipality,  file  a  written  notice  of  a  lien,  duly 
sworn  to  by  the  sub-contractor,  or  by  one  of  his  or  its 
agents  or  officers,  with  the  head  of  the  department  or 
bureau,  if  any,  having  charge  of  such  construction,  and 
with  the  controller  or  financial  officer  of  the  munici- 
pality, or  other  person  or  officer  charged  with  the  cus- 
tody and  disbursement  of  the  municipal  funds  applic- 
able to  the  contract  under  which  the  claim  is  made. 
The  notice  shall  state : 

1.  The  name  and  residence  of  the  claimant  or 
claimants. 

2.  The  name  of  the  city,  borough  or  other  mu- 
nicipality owning,  controlling  or  being  responsible  for 
said  work  or  improvements. 

3.  The  name  of  the  party  with  whom  the  claim- 
ant contracted  and  for  whom  the  labor  was  performed 
or  material  furnished. 

4.  A  copy  of  claimant's  contract  if  in  writing  or 
a  statement  of  the  terms  and  conditions  thereof  if  any 
of  them  were  oral. 

5.  A  detailed  statement  of  the  kind  and  charac- 
ter of  the  labor  or  materials  furnished  and  the  prices 
charged  for  each. 

6.  The  sum  claimed  to  be  due  or  to  become  due 
and  the  date  when  due,  together  with  such  description 
of  the  work  or  improvements  as  may  be  necessary  for 
the  purpose  of  identification. 

The  controller  or  financial  officer  of  the  munici- 
pality, or  other  person  or  officer  with  whom  such  no- 
tice is  required  to  be  filed,  shall  enter  the  same  in  a 
book  to  be  provided  for  that  purpose,  to  be  called  the 
"Lien  Book",  such  entry  to  consist  of  the  name  and 
residence  of  the  claimant  or  claimants,  the  name  of  the 
contractor,  the  amount  of  the  claim,  the  date  of  filing, 


MECHANICS    LIENS  IN  PENNSYLVANIA.  15 

and  a  brief  designation  of  the  contract  under  which 
the  claim  arose. 

Sec.  2.  Such  claim  so  filed  shall  be  a  lien  for  the 
principal  and  interest  of  the  value  or  agreed  price  of 
such  labor  or  materials  and  unpaid  upon  the  moneys 
of  the  city,  borough  or  other  municipal  or  quasi-mu- 
nicipal corporation  applicable  to  the  construction  of 
such  improvement. 

Sec.  3.  Such  lien  shall  not  continue  for  a  longer 
period  than  sixty  days  from  the  time  of  the  riling  of 
the  aforesaid  notice,  unless  an  action  in  assumpsit  to 
recover  the  amount  so  claimed  is  commenced  within 
that  time  by  the  claimant  or  claimants  against  the  con- 
tractor, and  written  notice  of  the  pendency  of  such  ac- 
tion is  filed  with  the  financial  officer  of  the  munici- 
pality with  whom  the  notice  of  the  claim  is  by  this  act 
required  to  be  filed. 

Sec.  4.  A  lien  against  the  amount  due  or  to  be- 
come due  a  contractor  from  such  municipality  as 
aforesaid  may  be  discharged  as  follows : 

(a)  If  suit  has  not  been  commenced,  by  filing  with 
the  financial  officer  of  the  municipality  a  certificate, 
under  oath,  of  the  claimant  or  his  successor  in  interest 
that  the  lien  is  discharged  and  the  claim  satisfied. 

(b)  By  lapse  of  time,  when  sixty  days  have 
elapsed  since  filing  of  the  notice  of  the  claim  and  no 
notice  that  action  has  been  begun  to  enforce  the  claim 
has  been  filed  with  the  said  financial  officer  of  such 
municipality. 

(c)  By  satisfaction  of  a  judgment  entered  in  an 
action  begun  to  enforce  such  claim  and  said  lien. 

(d)  Either  before  or  after  the  beginning  of  an 
action  by  the  contractor  executing  a  bond  to  the  mu- 
nicipality for  the  use  of  the  claimant,  with  such  surety 


l6  MECHANICS'   LIENS   IN   PENNSYLVANIA. 

or  sureties  and  in  such  sum  as  the  Court  of  Common 
Pleas  of  the  proper  county,  or  a  judge  thereof,  may  di- 
rect, not  less,  however,  than  the  amount  claimed  in 
the  notice  of  lien,  conditioned  for  the  payment  of  any 
judgment  which  may  be  recovered  in  an  action  to  en- 
force the  claim.  Such  bond  shall  be  approved  and 
marked  filed  in  open  court,  or  before  a  judge  at 
chambers,  of  which  time  and  place  of  presenting 
said  bond  for  approval  and  filing  at  least  five  days 
prior  notice  shall  be  given  to  the  claimant.  Upon 
approval  and  filing  of  said  bond,  the  court,  or  judge 
thereof,  shall  make  an  order  discharging  said  lien. 

Said  order  and  bond  when  marked  filed,  shall 
be  entered  by  the  prothonotary  of  the  proper  court, 
at  the  proper  number  and  term  of  the  suit  entered  to 
enforce  said  lien,  or  if  prior  to  suit,  then  they  shall  be 
entered  at  the  proper  number  and  term  in  the  appear- 
ance docket,  and  shall  be  indexed  as  action  in  as- 
sumpsit on  bonds  are  by  law  now  required  to  be  in- 
dexed, and  any  suit  brought  on  said  bond  thereafter 
shall  take  the  number  and  term  of  said  bond. 

Sec.  5.  Sub-contractors'  liens  filed  under  this 
act  and  claiming  under  the  same  municipal  contract 
shall  have  no  preference  over  each  other,  but  all  such 
liens  or  claims  shall  have  priority  or  preference  over 
other  liens  or  claims  on  said  funds,  according  to  the 
date  of  filing  notice  of  said  claims,  as  provided  in  sec- 
tion one  of  this  act: 

Provided,  however,  That  this  act  shall  not  be 
construed  to  affect  the  priority  that  now  is  or  may 
hereafter  be  given  to  liens  against  said  fund  for  wages 
for  labor  owing  by  the  contractor  for  work  done 
under  such  municipal  contract. 

Sec.  6.  All  acts  or  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  17 

SECTION  7. 
Ruling  Claimant  to  File  Claim. 

Sec.  7.     After  the  right  to  file  a  claim  is  com-  2jjj£^# 
plete,  any  owner  or  contractor  may  enter  a  rule  as  of 
course  in  the  office  of  the  prothonotary  of  the  Court 
of  Common  Pleas  of  the  proper  county,  requiring  any 
party  named  to  file  his  claim  within  fifteen  days  after  to  bc  flled 

notice  of  such  rule,  or  be  forever  thereafter  debarred  in  is  days, 
from  so  doing.     Such  rule  shall  be  entered  and  in- 
dexed in  a  docket  to  be  known  as  the  mechanics'  lien 
docket.  A  failure  to  file  a  claim  within  the  time  speci-  Ruie  entered  m 
fied  shall  operate  to  wholly  defeat  the  right  so  to  do.  Do1ketmc 
If  a  claim  be  filed,  it  shall  be  entered  as  of  the  court, 
term  and  number  of  the  rule.    Pending  such  rule,  and  claim— How 

entered. 

until  the  claim   is  finally  defeated,   the  owner  may, 
unless  approved  security  be  given  to  indemnify  him 
from  loss,  retain  out  of  any  payments  due  or  to  be-  How  owner 
come  due  to  the  contractor,  a  sum  sufficient  to  protect  Protected- 
him  from  loss. 

The  defendant  in  a  lien  prior  to  the  Act  of  1901  was  able  to  force 
the  issuance  of  a  Sci.  Fa.  thereon  by  entering  a  rule.  This  section  extends 
the  right  so  that  the  owner  or  contractor  may  now  force  any  one  asserting 
any  adverse  claim  to  file  such  claim  without  waiting  the  expiration  of  the 
time  allowed  ordinarily. 


i8 


MECHANICS    LIENS   IN   PENNSYLVANIA. 


SECTION  8. 
Notice  by  Sub-Contractor  of  Intention  to  File  a  Claim. 


What  notice  to 
contain. 


When  it  must 
be  served. 


When    notice 
waived. 


Sec.  8.  Any  sub-contractor  intending  to  file  a 
claim  must  give  to  the  owner  written  notice  to  that 
effect,  together  with  a  sworn  statement  setting  forth 
the  contract  under  which  he  claims,  the  amount  alleg- 
to  be  sworn  to.  ed  to  be  still  due,  and  how  made  up,  the  kind  of  labor 
or  materials  furnished,  and  the  date  when  the  last 
work  was  done  or  materials  furnished.  Such  notice  and 
statement  must  be  served  at  least  one  month  before 
the  claim  is  filed,  and  within  three  months  after  the 
last  of  his  work  was  done  or  materials  furnished,  if  he 
has  six  months  within  which  to  file  his  claims,  and 
within  forty-five  days  thereafter,  if  he  has  but  three 
months  within  which  to  file  it;  but  no  such  notice  or 
statement  need  be  served  if  the  sub-contractor  be 
ruled  to  file  his  claim  before  the  expiration  of  said 
periods.  Service  may  be  made  personally  on  the 
owner  anywhere;  but,  if  he  cannot  be  served  in  the 
county  where  the  structure  or  other  improvement  is 
situate,  such  notice  and  statement  may  be  served  on 
his  architect  or  agent,  or  the  party  in  possession  of  the 
structure  or  other  improvement;  and  if  there  be  no 
architect,  agent  or  party  in  possession,  it  may  be 
posted  on  the  most  public  part  of  the  structure  or 
other  improvement.  After  such  notice,  and  until  the 
claim  is  finally  defeated,  the  owner  may,  unless  ap- 
proved security  be  given  to  indemnify  him  from  loss, 
retain  out  of  any  payment  due  or  to  become  due  the 
contractor,  a  sum  sufficient  to  protect  him  from  loss. 


Service 
notice. 


of 


Protection    to 
owner. 


This  section  is  mandatory  and  compliance  with  its  provisions  is  a 
condition  precedent  to  the  right  to  file  a  claim.  Keeley  v.  Jones,  35  Pa. 
S.  C.  R.  642. 


MECHANICS    LIENS  IN  PENNSYLVANIA.  19 

Failure  to  Give  Notice. 

Failure  to  give  notice  under  this  section  is  fatal  to  the  claim.  Crider 
v.  McCafferty,  13  D.  R.  638. 

Contractor. 

A  contractor  is  not  required  to  give  notice  under  this  section.  Its 
provisions  are  confined  to  the  sub-contractor.  Sinnott  v.  Beard,  14  D.  R. 
619. 

Contents  of  Notice. 

The  notice  given  should  be  definite,  containing  specific  information  as 
to  the  character  and  details  of  the  claim  and  contract,  substantially  cover- 
ing the  requirements  of  a  declaration  in  assumpsit  under  the  Acts  of  1806 
and  1887.  Howard  v.  Allison,  27  C.  C.  262;  12  D.  R.  117.  It  is  essential 
that  the  notice  set  forth  the  date  when  the  last  work  was  done  or  material 
furnished.  Failure  to  do  so  is  fatal  to  the  claim.  Wolf  v.  R.  R.,  29  Pa. 
S.  C.  R.  439 ;  13  D.  R.  791 ;  30  C.  C.  501.  A  notice  which  fails  to  show  the 
contract  and  amount  of  labor  and  material,  lumping  them  in  a  single 
charge  is  insufficient.  This  is  not  waived  by  going  to  trial.  James  v. 
Homoyer,  15  D.  R.  957 ;  McVey  v.  Kauffmann,  223  Pa.  125.  A  notice  by  a 
sub-contractor  to  the  owner  under  this  section  averring  that  the  amount 
due  is  "$260  for  painting  and  glazing  work  and  material  done  by  me  to 
said  house,"  does  not  show  how  the  amount  claimed  to  be  due  is  made  up 
and  the  kind  of  labor  or  materials  furnished.  Mock  v.  Roscoe,  14  D.  R. 
774- 

Sworn  Statement. 

The  sworn  statement  accompanying  the  written  notice  to  the  owner 
need  not  contain  an  itemized  statement  of  the  prices  charged  for  materials 
furnished  by  him  for  the  work.  Werner  &  Co.  v.  Chemical  Co.,  11  D.  R. 
722. 

Lumping  Charge. 

A  lumping  charge  set  out  in  a  notice  of  intention  to  file  a  claim  is  de- 
fective. The  owner  is  entitled  to  have  such  information  as  will  enable 
him  to  tell  whether  prices  charged  and  time  consumed  are  fair  and  rea- 
sonable. King  v.  Church,  14  D.  R.  265.  The  substantial  covenants  of  the 
contract  must  be  set  out  in  the  notice,  under  oath.     Collins  v.  R.  R.,  29 


20  MECHANICS    LIENS  IN  PENNSYLVANIA. 

Pa.  S.  C.  R.  547.  Certainty  to  a  common  intent  and  substantial  compliance 
with  the  Act  is  enough.  Day  v.  R.  R.,  35  Pa.  S.  C.  R.  586.  Where  the 
owner  and  builder  of  a  house  conveys  it  before  completion  and  puts  the 
deed  of  record  and  thereafter  makes  a  contract  for  plumbing,  the  con- 
tractor for  plumbing  must  give  notice  under  this  section.  The  former 
owner  is  contractor  as  to  the  plumber.  Getz  v.  Brubaker,  25  Pa.  S.  C.  R. 
303- 

Striking  Off  Lien. 

The  lien  will  not  be  stricken  off  on  motion  of  the  contractor  because 
notice  was  not  given  where  the  owner  does  not  object.  Funck  v.  Iron 
Co.,  14  D.  R.  490;  7  Dauph.  Co.  232;  30  C.  C.  256.  Whether  the  form 
and  substance  of  the  notice  are  in  compliance  with  the  Act  are  matters 
to  be  determined  at  the  trial.  Thirsk  v.  Evans,  211  Pa.  239;  Am.  Car  Co., 
v.  Water  Co.,  215  Pa.  520.  It  is  only  where  the  notice  is  clearly  insuf- 
ficient and  so  disclosed  by  the  record  that  the  Court  can  strike  the  lien  off 
for  violation  of  this  section.    Beam  v.  Geiselman,  16  D.  R.  579. 

The  exhibits  and  affidavit  attached  to  the  sub-contractor's  notice  to 
the  owner  are  a  part  of  it  and  the  sufficiency  of  the  notice  is  to  be  deter- 
mined by  an  examination  of  the  notice,  exhibits  and  affidavits.  Este  v. 
R.  R.,  27  Pa.  S.  C.  R.  521 ;  13  D.  R.  451 ;  30  C.  C.  209. 

Service. 

Notice  of  intention  under  this  section  cannot  be  served  by  leaving  the 
notice  with  an  adult  member  of  the  family  at  the  owner's  dwelling. 
Maddock  v.  McGann,  12  D.  R.  701 ;  16  York  L.  R.  184.  Notice  under 
this  section  may  be  served  on  the  owner  personally  or  if  he  cannot  be 
served  in  the  county,  etc.,  the  service  may  be  made  upon  the  architect, 
agent  or  party  in  possession  or  posted.  It  cannot  be  served  on  a  clerk  at 
the  owner's  place  of  business.  Lofink  v.  Schuette,  14  D.  R.  558.  The  no- 
tice is  of  no  effect  if  it  be  not  served  zuithin  the  time  limited  in  the  sec- 
tion.   Stover  v.  Foltz,  13  D.  R.  636. 

This  section  has  been  amended  by  the  Act  of  March  24,  1909,  with 
reference  to  the  contents  of  the  notice  and  the  mode  of  service.  The 
text  of  the  Act  is  as  follows : 

"Any  sub-contractor  intending  to  file  a  claim  must  give  to  the  owner 
written  notice  to  that  effect,  verified  by  affidavit,  setting  forth  the  name 
of  the  party  with  whom  he  contracted,  the  amount  alleged  to  be  still  due, 
the  nature  of  the  labor  or  materials  furnished  and  the  date  when  the  last 
work  was  done  or  last  materials  furnished.  Such  notice  must  be  served  at 
least  one  month  before  the  claim  is  filed  and  within  three  months  after 
the  last  of  his  work  was  done  or  materials  furnished  if  he  has  six  months 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  21 

within  which  to  file  his  claim,  and  within  forty-five  days  thereafter  if  he 
has  but  three  months  within  which  to  file  it,  but  no'  such  notice  need  be 
served  if  the  sub-contractor  be  ruled  to  file  his  claim  before  the  expiration 
of  said  periods.  Service  may  be  made  personally  on  the  owner  anywhere, 
or  such  notice  may  be  served  on  an  adult  member  of  his  family  or  of  the 
family  with  which  he  resides,  if  such  owner  resides  within  the  county 
where  the  structure  or  other  improvement  is  situate.  If  he  resides  with- 
out the  county  where  such  structure  or  improvement  is  situate,  then  such 
notice  may  either  be  served  on  his  architect  or  on  the  party  in  possession 
of  the  structure  or  improvement,  or  it  may  be  posted  on  some  public  part 
of  the  structure  or  other  improvement.  After  such  notice  and  until  the 
claim  is  finally  defeated,  the  owner  may,  unless  approved  security  be 
given  to  indemnify  him  from  loss,  retain  out  of  any  payment  due  or  to  be- 
come due  the  contractor  a  sum  sufficient  to  protect  him  from  loss." 


22  MECHANICS    LIENS   IN   PENNSYLVANIA. 


SECTION  9. 
Protection  to  Owner. 

owner  to  notify         gEC>  g      An  owner  served  with  the  notice  and 

contractor.  -^ 

sworn  statement,  aforesaid,  may  serve  a  copy  thereof 
upon  the  party  personally  liable  for  the  debt  therein 
referred  to,  with  notice  that,  unless  such  claim  is  set- 
tled within  fifteen  days  thereafter,  or  he  is  furnished 
with  a  sworn  statement  setting  forth  wherein  it  is  in- 
tended to  be  disputed,  he  may  pay  the  same,  and  de- 
duct the  amount  thereof  from  the  contract  price  or 
when  owner      hold  the  contractor  personally  liable  for  any  loss.     If 

may  pay   claim.      -  .1  1    •  r    -1 

the  contractor  approve  the  claim  or  fail  to  serve  a 
sworn  statement  of  defence  thereto,  the  owner  may, 
before  the  filing  of  the  claim  or  at  any  stage  of  the 
proceedings  thereon,  pay  the  same  and  deduct  the 
amount  thus  paid  from  the  contract  price,  or  hold  the 

to  makeraanras- contractor  liable  for  any  loss.  Upon  payment  of  his 
claim,  the  sub-contractor  shall  assign  or  transfer  to 
the  owner  his  claim  against  the  contractor  and  any 
note  or  other  collateral  security  he  may  have  received 
for  its  payment.  If  the  contractor  give  notice  of  a  de- 
fence thereto,  it  shall  be  his  duty  to  defend  any  claim 

bound"?©*  filed  at  his  own  expense,  and  if  he  fails  or  refuses  so 

to  defend  or  continue  defending  it,  he  shall  be  liable  to 
the  owner  for  all  costs,  expenses,  charges,  and  the  rea- 
sonable counsel  fees  necessary  for  making  such  de- 
fence, whether  successful  or  not. 


defend. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  23 

SECTION  10. 
Prosecution  and  Filing  of  Claims. 

Sec.  10.     In  the  case  of  tenancies  or  leasehold  es-  Silfofd  Ieciaiman 
tates,  of  alterations  and  repairs,  and  of  fitting  up  or  etc.,altorabl°nfiied 
equipping   old    structures   with    machinery,    gearing, WIthin  3  months- 
boilers,  engines,  cars,  or  other  useful  appliances,  the 
claim  must  be  filed  in  the  Court  of  Common  Pleas  of 
the  county  or  counties  in  which  the  structure  or  other 
improvement  is  situate,  within  three  months  after  the 
claimant's  contract  or  agreement  is  completed;  and  in  m0neths.cases  6 
all  other  cases  within  six  months  thereafter;  and  when 

filed,  it  shall  be  entered  and  indexed  in  the  mechanics' 

i-ji  tt         •  r      •       r     •  •  Sci-  Fa-  t0  issu# 

lien  docket.     Upon  it  a  writ  of  scire  facias  must  issue  in  2  years. 

within  two  years,  unless  the  owner,  by  writing  filed 

before  the  expiration  of  that  time,  waive  the  necessity  0wner  may  fila 

for  so  doing  for  a  further  period,  not  exceeding  three  waiver- 

years;  and  a  verdict  must  be  recovered  or  judgment 

entered  on  the  scire  facias  within  five  years  after  it  is  verdict  or  judg- 

ment  in  5  years. 

issued,  rinal  judgment  must  be  entered  on  the  ver- 
dict within  five  years  after  its  recovery.  After  judg- 
ment is  entered,  it  must  be  revived,  by  writ  of  scire  £ln5alyears.sinent 
facias  to  revive  the  judgment  or  by  judgment  thereon, 
within  each  recurring  period  of  five  years.  If  a  claim 
be  not  filed  within  the  time  aforesaid,  or  if  it  be  not  Revival  every  5 

years. 

prosecuted  in  the  manner  and  at  the  times  aforesaid, 
it  shall  be  wholly  lost. 

Affidavit. 

It  is  unnecessary  to  file  an  affidavit  as  to  real  owners  under  Act  of 
July  9,  1901,  P.  L.  614,  §  11  in  order  to  issue  a  Sci.  Fa.  sur  mechanics' 
lien.    Davis  v.  Church,  15  D.  R.  946. 


24  MECHANICS'   LIENS  IN   PENNSYLVANIA. 

SECTION  ii. 

Contents  of  the  Claim. 

Sec.  ii.  Every  person  entitled  to  such  lien  shall 
file  a  claim,  or  statement  of  his  demand,  in  the  office 
of  the  prothonotary  of  the  Court  of  Common  Pleas  of 
the  county  in  which  the  building  may  be  situate, 
which  claim  shall  set  forth : 

i.  The  names  of  the  party  claimant  and  of  the 
owner,  or  reputed  owner,  of  the  building,  and  also  the 
contractor,  architect  or  builder. 

2.  The  amount  or  sum  claimed  to  be  due,  and 
the  nature  or  kind  of  the  work  done,  or  the  kind  and 
amount  of  materials  furnished,  or  both;  and  the  time 
when  the  materials  were  furnished,  or  the  work  done, 
or  both,  as  the  case  may  be. 

3.  The  locality  of  the  structure  or  other  im- 
provement, with  such  description  thereof  as  may  be 
necessary  for  the  purpose  of  identification,  and  a  de- 
scription of  the  real  estate  upon  which  the  same  is 
situate. 

The  above  is  the  language  of  the  Act  of  April  17,  1905,  P.  L.  172, 
amending  the  nth  section  of  the  Act  of  1901. 

Contents. 

The  Act  of  April  17,  1905,  omits  paragraph  4,  section  n  of  the  Act 
of  1901,  and  where  a  claimant  in  preparing  his  lien  follows  the  form  of 
the  Act  of  1 901,  but  omits  the  provisions  of  paragraph  4,  the  lien  is  good 
if  otherwise  not  defective  under  the  Act  of  1905.  Sash  Co.  v.  Thomp- 
son, 17  D.  R.  996. 

In  a  mechanics'  lien  for  work  and  material  done  and  furnished  in 


MECHANICS    LIENS  IN  PENNSYLVANIA.  25 

plumbing  and  gas  fitting,  filed  under  the  Act  of  1905,  it  is  sufficient  to  set 
out  the  nature  and  kind  of  work  done  and  the  dates  of  the  first  and  last 
items  thereof,  without  setting  out  the  items  in  detail  or  separating  the 
charge  for  labor  from  that  for  material.    Soffel  v.  Jones,  17  D.  R.  790. 

Notice. 

In  a  sub-contractor's  claim  filed  under  this  Act  it  is  not  necessary  to 
set  out  when  and  how  notice  of  intention  to  file  the  claim  was  given. 
Miller  v.  Fitz,  17  D.  R.  933. 

As  many  liens  have  been  filed  under  the  Act  of  1901  on  which  liens 
proceedings  may  still  be  had,  it  may  not  be  improper  to  notice  the  text  of 
Section  11  of  that  Act  and  the  decisions  thereunder. 

The  text  is  as  follows : 

Sec.   11.     Such  claim  may  be  filed  by  any  person,  who  may  fllo 
persons,  firm,   association  or  corporation  furnishing claim' 
labor  or  materials  to  such  structure  or  other  improve- 
ment, and  shall  set  forth — 

I.  The  name  of  the  claimant. 

II.  The  name  of  the  owner  of  the  structure  or 
other  improvement  and  property. 

III.  The  name  of  the  party  with  whom  the 
claimant  contracted,  and,  if  not  the  owner,  then 
whether  or  not  such  party  contracted  directly  with  the 
owner. 

IV.  A  copy  of  his  contract  or  contracts,  if  in 
writing,  or  a  statement  of  the  terms  and  conditions 
thereof  if  any  of  them  are  verbal. 

V.  The  kind  and  character  of  the  labor  or  ma-  What  claim 
terials   furnished,   or  both,   and  whether  the  lien  is  shouId  set  forth- 
claimed  against  the  fee  itself  or  a  lesser  estate  or  inter- 
est therein. 

VI.  When  the  contract  is  with  other  than  the 


26  MECHANICS'  LIENS  IN   PENNSYLVANIA. 

owner  or  not  for  an  agreed  sum,  a  detailed  statement 
of  the  kind  and  character  of  the  labor  or  materials  fur- 
nished, or  both,  and  the  prices  charged  for  each 
thereof. 

VII.  The  amount  or  sum  claimed  to  be  still  due 
and  chargeable  against  the  particular  property,  show- 
ing how  that  amount  or  sum  is  made  up,  and  whether 
the  claimant  has  any  note  or  other  collateral  security 
for  his  claim,  and  if  so  what  it  is. 

VIII.  A  description  of  the  property  against 
which  the  lien  is  claimed,  together  with  such  descrip- 
tion of  the  structure  or  other  improvement  as  may  be 
necessary  for  the  purpose  of  identification. 

IX.  When  the  claimant  first  furnished  labor  or 
materials  thereto  and  when  he  last  did  so. 

X.  From  what  date  the  lien  is  claimed,  and  if 
from  a  time  preceding  the  filing  of  the  claim,  the  rea- 
son why  such  date  is  selected. 

XI.  When  the  contract  is  with  other  than  the 
owner,  or  the  claim  is  for  alterations  or  repairs,  or  for 
fitting  up  old  structures  with  machinery,  gearing,  boil- 
ers, engines,  cars  or  other  useful  appliances,  when  and 
how  notice  was  given  to  the  owner  of  an  intention  to 
file  the  claim. 


Claim   to   bo 
sworn  to. 


Attached  to  the  claim  shall  be  a  statement,  signed 
and  sworn  to  or  affirmed  to  by  the  parties  claimant, 
or  some  one  of  them,  or  by  one  of  their  principal  or 
executive  officers,  or  by  some  one  for  them,  if  the  facts 
be  better  known  by  such  third  party,  that  all  the  facts 
therein  set  forth  are  true  so  far  as  they  are  within  his 
own  knowledge,  and,  so  far  as  they  are  derived  by  in- 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  27 

formation  from  others,  that  he  has  made  a  careful  ex- 
amination and  inquiry  as  to  the  truth  thereof,  and,  as 
a  result  of  such  examination  and  inquiry,  he  believes 
them  to  be  true.  If  the  affidavit  be  made  by  a  third 
party,  the  reason  therefor  shall  be  stated  in  the  affi- 
davit. 

The  requirements  of  Section  n  are  mandatory.  Crider  v.  McCaff- 
erty,  13  D.  R.  638. 

Contract — Specifications. 

Specifications  if  made  part  of  the  contract  must  be  filed  with  it  as 
part  of  the  lien  at  least  so  far  as  they  apply  to  the  work  for  which  the 
lien  is  filed,  but  plans  need  not  be  so  filed.  Knelly  v.  Horwath,  208  Pa. 
487. 

Where  the  agreement  between  contractor  and  sub-contractor 
refers  to  the  contract  of  the  contractor  with  the  owner  and  provides 
that  it  is  to  be  considered  as  attached  to  the  contract  with  the  sub-con- 
tractor, a  lien  filed  by  the  sub-contractor,  which  sets  out  the  contract  be- 
tween the  contractor  and  sub-contractor  and  that  the  sub-contractor  has 
not  in  his  possession  copies  of  the  contract,  plans,  etc.,  so  referred  to  and 
that  he  has  been  refused  them  complies  with  the  law.  Thirsk  v.  Evans, 
211  Pa.  239;  James  v.  Homoyer,  21  Montg.  L.  R.  88;  I  Leh.  L.  J.  211. 

Specifications  need  not  be  filed  with  the  lien  when  they  are  not  incor- 
porated in  and  made  part  of  the  contract.  Warren  v.  Johnston,  33  Pa. 
S.  C.  R.  617. 

Contract — Verbal. 

The  contract  must  be  set  out  and  where  it  is  alleged  to  have  been 
verbal  and  to  have  been  superseded  by  a  written  agreement,  the  lien  must 
contain  the  written  contract.    Guarantee  B.  &  L.  Assn.  v.  Connor,  216  Pa. 

543- 

A  lien  is  defective  which  does  not  give  the  terms  and  conditions  of  the 
verbal  contract.    Mulherin  v.  Jones,  5  Lack.  Jur.  72 ;  9  North.  219. 

A  lien  claiming  for  items  not  covered  by  the  written  contract  must 
set  out  the  terms  and  conditions  of  the  verbal  contract  as  to  such  items  or 
the  items  will  be  stricken  out.    Warren  v.  Johnston,  33  Pa.  S.  C.  R.  617. 


28  MECHANICS'   LIENS   IN   PENNSYLVANIA. 

The  Court  on  a  rule  to  strike  off  a  lien  cannot  assume  that  a  verbal 
contract  alleged,  contained  terms  or  conditions  not  set  out  in  the  lien. 
Burns  v.  Judge,  12  Luz.  Leg.  Reg.  R.  425. 

Where  the  contract  of  the  owner  and  contractor  has  not  been 
filed  and  no  notice  of  its  terms  has  been  given  to  the  sub-contractor 
he  is  not  obliged  to  file  it  as  part  of  his  lien.  He  is  not  subject  to  it. 
Hedden  v.  Wainwright,  20  Montg.  L.  R.  37. 

Bill  of  Particulars. 

The  bill  of  particulars  annexed  to  a  mechanics'  lien  and  filed  there- 
with is  to  be  taken  as  part  of  the  lien.  American  Car  &  Foundry  Co.  v. 
Water  Co.,  215  Pa.  520. 

Fee  or  Lesser  Estate. 

An  averment  that  the  lien  is  claimed  "against  the  building  and 
curtilage"  does  not  comply  with  the  Act  which  requires  the  lien  to 
state  whether  it  is  claimed  against  the  fee  or  lesser  estate.  Maddock 
v.  McGann,i2  D.  R.  701 ;  4  Lack.  Jur.  34;  16  York  Leg.  Rec.  184. 

Detailed  Statement. 

The  requirement  of  "a  detailed  statement"  when  the  contract 
is  with  other  than  the  owner  or  not  for  an  agreed  sum  is  not  com- 
plied with  by  a  bill  for  "amount  due  under  said  written  contract,  etc." 
King  v.  Church,  14  D.  R.  265 ;  32  C.  C.  288. 

Where  the  contract  is  for  an  agreed  sum  though  with  other  than 
owner,  a  detailed  statement  is  not  required.  Maddock  v.  McGann,  12  D. 
R.  701 ;  4  Lack.  Jur.  34;  16  York  Leg.  Rec.  184. 

A  lien  by  a  contractor  on  a  contract  with  the  owner  for  furn- 
ishing material  and  labor  and  construction  of  a  dwelling-house,  need  not 
set  out  a  detailed  statement  of  the  kind  and  character  of  labor,  etc., 
furnished  and  prices  charged  for  each  thereof.  Warren  v.  Johnston,  33 
Pa.  S.  C.  R.  617;  VanSciver  v.  Churchill,  35  Pa.  S.  C.  R.  212. 

Note  or  Collateral. 

Taking  a  note  is  not  a  waiver  of  the  right  to  file  a  lien  in  the  absence 
of  an  agreement  to  that  effect.  American  Car  Co.  v.  Water  Co.,  221  Pa. 
529- 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  29 

Description  of  Land. 

The  adequacy  of  description  of  land  is  for  jury  on  the  trial  of  the  Sci. 
Fa.    Morrison  v.  Bank,  9  Dela.  Co.  573. 

Claimant  furnished  lumber  to  be  used  in  a  building.  The  owner, 
without  the  knowledge  and  consent  of  the  claimant  sold  the  lum- 
ber and  shipped  it  elsewhere.  Claimant  filed  a  lien  within  six  months 
from  the  furnishing  of  the  material  but  more  than  six  months  from  the 
date  of  furnishing  the  last  material  actually  put  in  the  building.  Held 
good  to  the  extent  that  the  lumber  actually  went  into  the  building.  Bru- 
baker's  Assigned  Estate,  19  York  L.  R.  29. 

Notice. 

The  lien  must  show  when  notice  was  given  and  the  notice  must  com- 
ply with  the  Act  or  the  lien  will  be  bad.    Wolf  v.  R.  R.,  29  Pa.  S.  C.  R. 

439- 

Notice  of  intention  to  file  a  lien  need  not  be  given  by  a  con- 
tractor. This  section  only  refers  to  those  claimants  who  are  by  the  Act 
required  to  give  notice.  Sinnott  v.  Beard,  14  D.  R.  619;  21  Montg.  93; 
10  North.  16. 

An  averment  of  the  date  when  and  manner  in  which  notice 
was  given  will  suffice.  A  copy  of  the  notice  need  not  be  set  out  in  the 
lien.  American  Car  Co.  v.  Water  Co.,  215  Pa.  520;  McVey  v.  Kauff- 
mann,  223  Pa.  125. 

A  sub-contractor's  lien  must  show  when  and  how  notice  of  intention 
under  §  2  was  given.    East  End  Tile  Co.  v.  Plumbing  Co.,  16  D.  R.  779. 

Affidavit. 

An  affidavit  made  by  the  book-keeper  of  claimant  setting  out  that  he 
is  book-keeper  and  has  full  knowledge  of  the  facts  set  forth  complies  with 
the  Act.    Billmeyer  v.  Brubaker,  17  York  L.  R.  113. 


30  MECHANICS    LIENS  IN   PENNSYLVANIA. 

SECTION  12. 
Kinds  of  Claims. 

uiulmworkContin"  Sec.  I2-  -^  t^le  laDor  or  materials  be  furnished 
continuously  in  the  erection  and  construction  of,  addi- 
tion to,  or  removal  of  a  structure  or  other  improve- 
ment, the  claimant  may  file  a  single  claim,  though  fur- 
nished under  more  than  one  contract,  with  the  same 

single  claim.  effect  as  if  furnished  continuously  under  a  single  con- 
tract. A  single  claim  may  be  filed  against  more  than 
one  structure  or  other  improvement,  if  they  are  all  in- 
tended to  form  part  of  one  plant.  No  apportioned 
claim  shall  hereafter  be  allowed,  but  separate  claims, 

no  apportioned  with  the  amount  due  determined  by  apportionment, 

claim  allowed.  ,        ~,      ,  .  .  ,    r       ,, 

may  be  filed  as  herein  set  forth. 

Single  Claim. 

The  provision  as  to  filing  a  single  claim  only  applies  where  the  sev- 
eral contracts  are  between  the  same  parties.  Sash  Co.  v.  Thompson,  17 
D.  R.  996. 

One  Plant. 

This  phrase  is  used  in  the  ordinary  sense  of  a  property  owned  or  used 
in  carrying  on  some  trade  or  business  but  does  not  apply  to  a  row  of 
dwellings.    Todd  v.  Gernert,  223  Pa.  103. 

Apportioned  Claim. 

These  are  no  longer  allowed  except  as  above  provided.  Todd  v.  Ger- 
nert, supra. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  31 


SECTION  13. 

Incumbrance  of  Liens. 

Sec.   13.     The  lien  of  every  claim  for  the  altera-  Claim  for  repair3 
tion  of  or  repair  to  a  structure  or  other  improvement,  0n  "filing, 
or  for  fitting  up  old  structures  with  machinery,  gear- 
ing, boilers,  engines,  cars  or  other  useful  appliances, 
shall  take  effect  as  of  the  date  of  its  filing,  and  shall  be 
paid  out  of  the  proceeds  of  a  judicial  sale  of  the  prop-  Preference, 
erty  described  therein   in  preference  to  any  estate, 
charge  or  lien  of  which  the  claimant  had  not  actual  or 
constructive  notice  at  that  time,  except  municipal  or  Exceptions. 
tax  claims,  and  the  exemption  allowed  by  law;  but 
such  lien  shall  be  wholly  lost  if  the  property  be  con- 
veyed in  good  faith  and  for  a  valuable  consideration  Bona  ado  coa- 

-'  °  veyance. 

prior  to  the  filing  of  the  claim.   In  all  other  cases  the 
lien  of  the  claim  shall  take  effect  as  of  the  date  of  the 
visible  commencement  upon  the  ground  of  the  work  of 
building  the  structure  or  other  improvement,  and  shall  Case™  takes 
be  paid  out  of  the  proceeds  of  a  judicial  sale  of  the  mg  ground, 
property  described  therein  in  preference  to  any  estate, 

r       r        J  *  J  Preference. 

charge  or  lien  of  which  the  claimant  had  not  actual  or 
constructive  notice  at  that  time,  except  municipal  and  ExcePtions. 
tax  claims,  and  the  exemption  allowed  by  law.  An  es- 
tate, charge  or  lien  of  which  the  claimant  had  actual 
or  constructive  notice  before  the  date  of  such  visible 
commencement  upon  ground,  if  given  to  secure  ad-  Advance  money. 

.  .  mortgages  pre- 

vances  of  money  knowingly  to  be  furnished  for  the  ferred. 
purpose  of  making  the  improvement  in  whole  or  in 
part,  shall  have,  with  prior  liens  and  incumbrances,  a 

e  ....  .1        r        j  ■       j   i_  •     j'    •    1  To  what   extent. 

preferential  claim  upon  the  funds  raised  by  a  judicial 
sale  of  said  property  to  the  extent  only  of  the  actual 
value  of  the  property  immediately  prior  to  such  visible 
commencement  of  the  work;  but  the  proceeds  of  such 


32 


MECHANICS'  LIENS  IN    PENNSYLVANIA. 


what  interest  issale  above  such  value  shall  be  applied  to  the  payment 

bound.  Qf  t^e  mechanics'  lien  in  preference  to  such  estate, 

charge  or  lien.     The  lien  of  every  such  claim  shall 

bind  only  the  interest  of  the  party  named  as  owner  of 

the  property  at  the  time  of  the  contract  or  subse- 

Forfeiture  of      quentlv  acquired  by  him,  but  no  forfeiture  or  surren- 

lease-hold.  M  J         ^  J 

der  of  a  leasehold  or  tenancy,  whether  before  or  after 
filing  the  claim,  shall  operate  to  prejudice  its  lien 
against  the  fixtures,  machinery  or  other  similar  prop- 
erty described  therein. 

A  lien  may  be  amended  which  does  not  set  out  the  date  from  which 
it  is  claimed.  The  Act  fixes  the  time  in  alterations  so  that  the  amend- 
ment is  formal.    Sinnott  v.  Beard,  14  D.  R.  619. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  33 

SECTION  14. 
Proceedings  to  Ascertain  Value  of  Property. 

Sec.   14.     Upon  the  petition  of  any  claimant  hav-  Petltion. 
ing  or  being  entitled  to  a  lien,  the  actual  value  of  the 
property    bound    by    such    advance    money,    estate, 
charge  or  lien,  and  the  amount  of  the  advances  actu- 
ally made  shall  be  determined  prior  to  a  judicial  sale  gtay  may  bo 
of  the  property — a  stay  being  granted  for  that  purpose  panted, 
should  justice  so  require;  but  if  application  be  not 
made  prior  to  the  sale,  the  same  shall  be  determined 
upon  the  distribution  of  the  fund  realized  thereby. 
And  the  court,  upon  petition  of  any  such  claimant, 
may  also  require  that  a  tract  of  land  about  to  be  sold 
at  judicial  sale,  part  of  which  is  bound  by  or  liable  for  where  part  of 
such  claim,  shall  be  so  divided  that  the  part  which  is  so 
bound  or  liable  shall  be  sold  separately  from  the  rest 
of  the  tract  if  it  can  equitably  be  done  ;  and  if  not,  then 
it,  or  an  auditor  appointed  after  the  sale  shall  deter- 
mine the  relative  value  of  the  part  bound  by  and  that 
free  of  the  claim,  and  the  fund  realized  shall  be  dis- 
tributed accordingly. 


land  liable  to 
lien. 


34  mechanics'  liens  in  Pennsylvania. 

SECTION  15. 
Waiver  of  Right  to  File  a  Claim. 

By  agreement  or         Sec-   x5-     The  right  to  file  a  claim  may  be  waived 
estoppel.  ky  agreement  between  the  claimant  and  the  party 

with  whom  he  contracts,  or  by  any  conduct  which  op- 
Agreement  for    erates  to  equitably  estop  the  claimant.    If  the  legal  ef- 

no    one    to    file 

claim.  feet  of  the  contract  between  the  owner  and  the  con- 

tractor is  that  no  claim  shall  be  filed  by  anyone,  such 
provision  shall  be  binding;  but  the  only  admissible  evi- 
Evidence  admis-  dence  thereof,  as  against  a  sub-contractor,  shall  be 
subcontractor,     proof  of  actual  notice  thereof  to  him,  before  any  labor 
or  materials  furnished  by  him;  or  proof  that  a  duly 
written  and  signed  contract  to  that  effect  has  been 
filed  in  the  office  of  the  prothonotary  of  the  Court  of 
Common  Pleas  of  the  county  or  counties  where  the 
structure  or  other  improvement  is  situate,  prior  to  the 
commencement    of   the    work    upon  the    ground,    or 
within  ten  days  after  the  execution  of  the  principal 
contract,  or  not  less  than  ten  days  prior  to  the  con- 
Sbieetoeshowls"  tract  with  the  claimant,  (and  the  prothonotary  shall 
s!on!er  °f  provl"  index  the  same  making  the  contractor  the  defendant 
and  the  owner  the  plaintiff).    The  only  admissible  evi- 
dence that  such  a  provision  has,  notwithstanding  its 
filing,  been  waived  in  favor  of  the  claimant,  shall  be  a 
written  agreement  to  that  effect  signed  by  all  those 
who  under  the  contract  are  interested  antagonistically 
Effect  of  credit    to  the  claimant's  allegation.     The  giving  of  credit  or 
curityHateral  se*the  receiving  of  collateral  security  shall  not  operate  to 
waive  the  right  to  file  a  claim,  but  shall  delay  volun- 
tary proceedings  thereon  by  the  claimant  until  the 
time  of  credit  shall  have  expired.    A  release  signed  by 
the  claimant  shall  not  operate  as  a  waiver  of  the  right 
to  file  a  claim  for  labor  or  materials  subsequently  fur- 
nished unless  it  shall  appear  thereby  that  such  was  the 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  35 

express  intent  of  the  party  signing  the  same,  but  such  operatioa  ot 
release  shall  be  so  construed  as  to  fully  carry  out  that 
intent. 

Indexing. 

The  words  in  parenthesis  are  introduced  by  the  amendatory  Act  of 
April  24,  1903,  P.  L.  297.  Prior  to  the  passage  of  the  amendatory  Act, 
the  contract  had  been  indexed  in  some  counties  as  a  judgment  against  the 
owner  following  the  practice  under  the  Act  of  June  26,  1895,  P.  L.  369. 
The  language  of  Sec.  18  directing  the  contract  to  be  entered  in  the  judg- 
ment index  "in  the  name  of  the  contractor"  did  not  say  as  a  lien  against 
him  or  with  the  contractor  as  defendant.  The  contract  must  be  indexed 
in  the  judgment  lien  index.  King  v.  Reese,  11  D.  R.  357;  8  Dela.  Co. 
304 ;  1 5  York  Leg.  Rec.  86. 

Striking  off  Claim. 

A  lien  regular  on  its  face  will  not  be  stricken  off  because  filed  in  vio- 
lation of  a  contract,  filed  of  record  under  this  section.  To  do  so  would 
deprive  the  claimant  of  his  right  to  attack  and  contest  the  bona  fides  of  the 
contract  of  waiver.    King  v.  Reese,  supra. 

Bill  to  Restrain. 

A  court  of  equity  has  no  jurisdiction  to  restrain  by  injunction  a  sub- 
contractor from  filing  a  mechanics'  lien  in  violation  of  a  duly  filed  con- 
tract. There  is  an  adequate  remedy  at  law.  Wolf  v.  Glassport  Lumber 
Co.,  210  Pa.  370.  In  view  of  this  case,  the  decision  of  Swartz,  J.,  in  Mon- 
tello  Brick  Works  v.  Hoot,  14  D.  R.  8;  19  Montg.  Co.  188,  can  no  longer 
be  considered  an  authority. 

Agreement  against  Liens. 

A  contract  duly  filed  of  record  in  the  prothonotary's  office  containing 
a  stipulation  as  follows:  "The  contractor  covenants  and  agrees  that  he 
will  not  permit  any  person  or  persons  to  file  any  mechanics'  liens  for  ma- 
terials furnished  and  labor  performed  to  said  building  and  premises  nor 
will  he  file  any  liens  himself,"  will  prevent  any  sub-contractor  from  filing 
a  lien.  Glassport  Lumber  Co.  v.  Wolf,  213  Pa.  407,  approving  Nice  v. 
Walker,  153  Pa.  123.  A  contract  to  furnish  "a  good  and  sufficient  re- 
lease from  liens"  is  equivalent  to  a  contract  not  to  file  a  lien  and  will  ex- 


36  MECHANICS'   LIENS   IN   PENNSYLVANIA 

elude  a  lien  on  the  part  of  the  one  bound  to  deliver  the  release.    Wyss  v. 
Beaver  Valley  Co.,  216  Pa.  443. 

A  covenant  against  liens  procured  by  false  and  fraudulent  represen- 
tations made  at  the  very  time  the  contract  was  executed  will  not  be  en- 
forced.   Vansciver  v.  Churchill,  35  Pa.  S.  C.  R.  212. 

Where  a  purchaser  of  a  building  at  a  bankrupt's  sale  has  notice  from 
the  record  that  there  is  an  apparent  valid  subsisting  mechanics'  lien  of  re- 
cord against  the  property,  the  burden  is  upon  him  to  show  diligent  in- 
quiry if  he  desires  to  be  relieved*  from  the  payment  of  the  lien  because 
of  an  outstanding  release,  not  of  record,  and  not  intended  for  his  protec- 
tion; and  the  question  whether  he  has  made  such  diligent  inquiry  and 
from  the  proper  sources  of  information  is  for  the  jury.  Kreusler  v.  Glu- 
koff  Company,  223  Pa.  174. 


MECHANICS'  LIENS  IN   PENNSYLVANIA.  37 

SECTION  1 6. 
Agreement  for  Payment  in  Other  than  Legal  Tender. 

Sec.   i 6.     Where  a  contract,  between  the  owner 
and  contractor,  provides  that  payment  shall  be  made 
in  other  than  legal  tenders,  such  contract  shall  have 
no  legal  effect  as  against  the  sub-contractor  or  those 
claiming  under  him,  unless  actual  notice  thereof  shall 
have  been  given  the  claimant  or  use-claimant  before 
any  labor  or  materials  furnished  by  him ;  or,  a  duly 
written  and  signed  contract  to  that  effect  shall  have 
been  filed   in  the  office   of  the  prothonotary  of  the 
Court  of  Common  Pleas  of  the  county  or  counties  *«  .^^against 
where-the  structure  or  other  improvement  is  situate,  unless>  filed-  etc- 
prior  to  the  commencement  of  the  work  upon  the 
ground,  or  within  ten  days  after  the  execution  of  the 
principal  contract,  or  not  less  than  ten  days  prior  to  nq  b^ 
the  contract  with  the  claimant.    Such  provision  of  the  claim, 
contract  shall  not  bar  the  right  to  file  a  claim  to  re- 
cover the  amount  due  in  legal  tenders ;  but  the  owner 

r-i  .•,'  i  ,1  rr  j.'  i.'     ~  Owner   may   peti- 

may  file  a  petition,  under  oath  or  affirmation,  setting  tion. 

forth  the  facts,  under  the  term  and  number  of  the 

claim  first  filed,  and  making  all  the  parties  who  have 

filed  or  are  entitled  to  file  claims  parties  respondent, 

and  praying  appropriate  relief;  whereupon  the  court 

shall  grant  a  rule  to  show  cause  why  the  relief  prayed  Ruie  to  show 

for  should  not  be  allowed.     The  court  shall,  from  the  granted 

pleadings,  aided  as  to  the  material  disputed  facts,  if 

any,  by  depositions  or  by  a  hearing  at  bar,  make  such 

order  or  decree  as  the  facts  shall  warrant.     If  the 

court  shall  find  that  payment  was  agreed  to  be  made 

in  other  than  legal  tenders,  it  shall  decree  that  upon 

the  owner  complying  with  his  part  of  the  agreement,  proceedings. 

within  such  time  as  the  court  shall  designate,  all  the 

claims  filed  or  which  shall  thereafter  be  filed  by  the 


38 


MECHANICS    LIENS   IN    PENNSYLVANIA. 


Decree. 


Other    parties 
may   intervene. 


Proceedings. 


parties  respondent,  as  to  whom  the  owner  has  not 
waived  his  right,  shall  be  stricken  from  the  record; 
and  the  payments  to  be  made  by  the  owner  in  other 
than  legal  tenders  shall  be  made  liable  by  the  decree 
of  the  court  to  the  parties  interested,  in  the  same  man- 
ner and  to  the  same  extent  as  the  structure  or  other 
improvement  itself  would  have  been  if  no  such  pro- 
vision had  appeared  in  the  contract,  and  distribution 
shall  be  made  as  herein  set  forth  and  upon  equitable 
principles.  Other  parties  interested  may  intervene  at 
any  time  before  actual  distribution.  Should  other 
parties  than  the  respondents  subsequently  file  claims, 
such  claims  shall  be  stricken  off,  upon  motion  of  the 
owner,  unless  it  be  proved  that  the  claimant  did  not 
know  of  the  pendency  of  said  proceedings,  did  not 
participate  in  the  proceeds  of  the  payments  actually 
made,  through  ignorance  thereof;  or,  that  the  owner 
knew  of  the  rights  of  the  claimant  in  time  for  him  to 
intervene,  and  yet  gave  him  no  notice  of  the  proceed- 
ings, in  which  event  the  claim  shall  be  proceeded  on 
as  if  no  such  provision  appeared  in  the  contract. 


MECHANICS    LIENS  IN  PENNSYLVANIA.  39 

SECTION  17. 
Agreement  for  Payment  at  Specified  Times. 

Sec.  17.  When  the  contract  between  the  owner  ^^  blndlng 
and  the  contractor  provides  that  payments  shall  only  f^or!  sub"con" 
be  made  at  given  times,  such  contract  shall  be  effica- 
cious as  against  the  sub-contractor  or  those  claiming 
under  him,  if  actual  notice  thereof  shall  have  been 
given  to  the  claimant  or  use-claimant,  before  any  labor 
done  or  labor  or  materials  furnished  by  him;  or  a  duly 
written  and  signed  contract  to  that  effect  shall  have 
been  filed  in  the  office  of  the  prothonotary  of  the 
Court  of  Common  Pleas  of  the  county  or  counties 
where  the  structure  or  other  improvement  is  situate, 
prior  to  the  commencement  of  the  work  upon  the 
ground,  or  within  ten  days  after  the  execution  of  the 
principal  contract,  or  not  less  than  ten  days  prior  to 
the  contract  with  the  claimant.  If  the  contract  be 
written,  signed  and  filed  within  the  times  above  set 
forth,  and  the  owner  complies  with  his  part  thereof,  structure  nabl# 
the  structure  or  other  improvement  shall  not  be  liable  Amount. clalm* 
to  claims  in  the  aggregate  in  excess  of  the  balance  of 
the  contract  price  remaining  unpaid,  or  which  should 
have  remained  unpaid,  whichever  is  greatest  in 
amount  at  the  time  notice  was  first  given  the  owner 
of  an  intention  to  claim  a  lien  upon  such  property; 
such  notice,  if  given  in  good  faith,  inuring  to  the 
benefit  of  all  claimants.    The  court  shall  stay  all  exe-  when  execution 

S  t.3.  V  G  d 

cutions  upon  judgments  recovered  upon  such  claims 
if  payments  are  not  due,  and  the  owner  may  pay  into 
court  the  whole  balance  found  due  under  said  con- 
tract, in  accordance  with  the  provisions  of  this  section  ; 
whereupon  the  court  shall  order  the  claims  to  be 
stricken  off,  upon  petition,  answer  and  replication,  in 
the  manner  and  with  the  effect  provided  herein  in 
cases  where  payment  is  to  be  made  in  other  than  legal 
tenders. 


40  MECHANICS'   LIENS  IN   PENNSYLVANIA. 

SECTION  18. 
Sub-Contractors  Bound  by  Agreements  Filed. 

D      .   .        fo„f  Sec.   18.     The  sub-contractors  shall  be  bound,  to 

Bound    to    extent  ^±-^. 

of  notice.  t|ie   extent  of  the  notice  given,   by  the  contract  as 

signed  and  filed,  though  it  be  but  part  of  the  entire 
contract  or  contracts  between  the  owner  and  con- 
tractor. When  filed,  the  prothonotary  shall  enter  it 
in  the  judgment  index  in  the  name  of  the  contractor, 
and  shall  be  responsible  for  any  neglect  of  dutv  in  that 

Entered   in   judg-  r  J 

ment  index.         regard  as  in  other  cases. 

This  section  is  explained  and  rendered  unambiguous  by  Act  of  April 
24,  1903,  P.  L.  297,  directing  that  the  contract  waiving  liens  shall  be  in- 
dexed with  the  contractor  as  defendant  and  the  owner  as  plaintiff. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  41 

SECTION  19. 
Contracts  Impairing  Rights  of  Claimants. 


cission. 


Sec.   19.     When  any  contract  for  labor  or  ma-  Actual  notice  or 

.    ,  1         r  •    1       1  a.\ :.—.     contract   must  ba 

tenals  to  be  furnished  to  a  structure  or  other  1m-  given. 
provements  shall  be  so  drawn  as  to  affect  or  in  any 
manner  impair  the  rights  and  remedies  given  to  a 
claimant  or  use-claimant,  or  to  postpone  the  time  of 
payment  for  a  period  exceeding  six  months  after  the 
last  of  the  labor  or  materials  are  furnished,  it  shall  be 
the  duty  of  the  party  making  such  contract,  whether 
duly  written,  signed  and  filed  or  not,  to  give  actual 
notice  thereof  to  those  contracting  with  him,  prior  to 
the  time  of  the  making  of  the  contract  with  or  the 
employment  of  such  party.  A  failure  so  to  do  shall  be 
sufficient  ground  for  rescission  of  the  contract  by  the 

.  .  ,      ,  Failure  of  notice 

party  theretofore  ignorant  of  the  fact,  and  the  recov-  ground   for   res- 

ery  by  him  pro  rata,  by  lien  or  otherwise,  for  the  labor 

or  materials  furnished  to  the  time  of  rescission.    And 

the  same  right  of  recovery,  by  lien  or  otherwise,  shall 

exist  where  the  structure  or  other  improvement  is 

never  completed,  but  through  no  fault  of  the  claim-  SmpTetef1^ 

ant,  unless  it  be  destroyed  by  fire  or  other  casualty.      structures. 

Contract  Impairing  Rights. 

Where  a  writing,  separate  from  the  contract  but  executed  the  same 
day,  contains  a  stipulation  that  no  lien  shall  be  filed  by  a  sub-contractor 
or  other  person,  and  such  writing  is  duly  filed  in  the  prothonotary's  of- 
fice within  ten  days  of  its  date,  a  sub-contractor  who  begins  work  in 
ignorance  of  the  stipulation  and  between  its  date  and  the  time  of  filing 
cannot  file  a  lien.  Section  19  does  not  apply  in  such  case.  Montello 
Brick  Works  v.  Hoot,  14  D.  R.  8. 

Uncompleted  Structure. 

No  right  of  recovery  exists  where  the  building  has  been  substantially 
destroyed  by  a  wind  storm.    Lehr  v.  Schroth.  1  Leh.  L.  J.  4. 


42 


MECHANICS'   LIENS  IN   PENNSYLVANIA. 


SECTION  20. 

Proceedings  in  Bankruptcy  or  Insolvency  Against  Owner  or  Con- 
tractor. 


All  proceeding* 
suspended. 


Contracts 
sclnded. 


re- 


Right    to    file 
claim   remains. 


Sec.  20.  Where  proceedings  in  bankruptcy  or 
insolvency  are  instituted  by  or  against  any  contractor 
or  owner,  they  shall  operate  to  suspend  all  proceed- 
ings upon  any  contract  or  sub-contract  with  him  for 
labor  to  be  done  or  labor  or  materials  to  be  furnished 
to  the  structure  or  other  improvement,  and  if  he  be 
adjudicated  a  bankrupt  or  insolvent,  or  if  he  should 
die,  then  such  contractor  or  sub-contractor  may,  at  his 
option,  refuse  to  proceed  further  under  his  contract; 
and  such  contractor  or  sub-contractor  may,  upon  the 
happening  of  any  such  contingency,  by  notice  to  those 
contracting  with  him,  suspend  and  end  his  contracts 
with  such  third  parties,  who  shall  have  a  like  right, 
and  so  on  down  to  the  last  party  connected  with  the 
structure  or  other  improvement.  When  any  such  con- 
tract has  been  suspended  or  ended,  the  right  to  file  a 
claim  or  to  sue  under  the  contract  shall  remain;  and 
may  be  exercised  with  the  same  effect  as  if  further 
proceedings,  under  such  contract,  had  been  deter- 
mined by  consent  of  all  parties. 

Insolvent. 

A  mechanics'  lien  may  be  filed  against  the  property  of  a  corporation 
in  the  hands  of  a  receiver.  Fisher  Foundry  Co.  v.  Iron  Co.,  22  Lane.  L. 
R.  292 ;  19  York  Leg.  Rec.  47. 

If  He  Should  Die. 

If  an  uncompleted  structure  be  destroyed  by  wind  after  the  death  of 
the  owner  but  before  the  contractor  has  refused  to  proceed  with  his  con- 
tract, by  virtue  of  this  section,  the  right  of  lien  is  lost.  Lehr  v.  Schroth, 
1  Leh.  L.  J.  4. 

The  right  to  file  a  claim  under  this  section  in  the  event  of  death,  must 
be  exercised  within  the  statutory  period  or  the  lien  will  be  lost.  Lang- 
bein's  Est.,  15  D.  R.  961. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  43 

SECTION  21. 
Notice  to  the  Owner  of  Filing  of  Claim. 

Sec.  21.     Within  one  month  after  the  riling  of  0ne  month  after 
the  claim,  the  claimant  shall  serve  a  notice  upon  the  fllmg" 
owner  of  the  fact  of  the  filing  of  the  claim,  giving  the 
court,  term  and  number  and  the  date  of  filing  thereof,  Affidavit  of  ser- 
and  shall  file  of  record  in  said  proceedings  an  affidavit,  VIC 
setting  forth  the  fact  and  manner  of  such  service.    A 
failure    to    serve    such    notice    and    file    an    affidavit  „  „ 

Failure    of    ser- 

thereof  within  the  time  specified,  shall  be  sufficient vice- 
ground  for  striking  off  the  claim. 

This  section  is  mandatory  and  failure  to  comply  is  fatal  to  the  lien. 
Crider  v.  McCafferty,  13  D.  R.  638;  Mock  v.  Roscoe,  14  D.  R.  774. 

Sub-Contractor. 

The  word  "claimant"  includes  a  sub-contractor  who  has  filed  a 
claim.  He  must  give  notice  of  filing  and  the  claim  may  be  struck  off  for 
non-compliance.    Compton  v.  Sankey,  13  D.  R.  535 ;  7  Dauphin  Co.  215. 

Verbal  Notice. 

Verbal  notice  will  not  suffice.  Walter  v.  Powell,  13  D.  R.  667; 
Nagle  v.  Saengerbund,  14  D.  R.  472;  30  C.  C.  669,  and  I  Leh.  L.  J.  187. 
Keel  v.  Rhoads,  17  D.  R.  139. 

Notice  must  be  given  under  Sec.  21  as  well  as  Sec.  8,  but  if  no  ob- 
jection or  exception  be  made  on  account  of  want  of  notice  under  Sec.  21, 
the  lack  of  notice  will  not  be  considered  on  a  motion  to  strike  off.  Mad- 
dock  v.  McGann,  12  D.  R.  701. 

Contents  of  Notice. 

A  notice  omitting  the  number  of  the  term  of  court  at  which  it  was 
filed  and  date  of  filing  but  otherwise  complete  is  substantial  compliance, 
and  the  lien  will  not  be  stricken  off.  Emerick  v.  Transfer  Co.,  17  D.  R. 
426. 


44  mechanics'  liens  in  Pennsylvania. 

Affidavit. 

An  affidavit  setting  out  due  giving  of  notice  and  properly  authenti- 
cated by  notarial  jurat  but  not  signed  by  the  affiant  will  suffice  where  the 
paper  shows  the  affiant's  name  elsewhere.  Burns  v.  Judge,  12  Luz.  Leg. 
Reg.  R.  425 ;  10  North.  R.  80. 

Failure  to  Give  Notice. 

Failure  to  give  notice  is  not  excused  by  the  fact  that  the  owner  re- 
quested the  filing  of  the  lien.    Lumber  Co.  v.  O'Brien,  16  D.  R.  966. 

The  failure  to  give  notice  and  file  an  affidavit  thereof  is  not  supplied 
by  the  issuance  of  a  Sci.  Fa.  and  obtaining  service  thereof  within  the 
month,  the  Sci.  Fa.  is  not  the  notice  required  by  the  Act.  Walker  v. 
Gouron,  16  D.  R.  750;  33  C.  C.  303. 

Service. 

Notice  of  the  filing  of  the  claim  may  be  served  on  the  tenant  in  pos- 
session or  party  occupying  the  structure.     Stoner  v.  Hileman,  12  D.  R. 

525- 

Notice  can  be  served  at  defendant's  office  on  a  clerk  in  his  employ 

when  the  defendant  and  his  family  are  out  of  the  country  and  his  resi- 
dence is  closed.    Haas  v.  Hay,  16  D.  R.  504. 

Section  21  vests  discretionary  power  in  the  court  to  strike  off  the 
lien  for  non-compliance  with  its  requirements  where  it  would  be  inequit- 
able to  allow  it  to  remain,  but  the  lien  should  not  be  struck  off  where  there 
is  no  defence  on  the  merits.  Gerrard  v.  Ecker,  12  D.  R.  332.  This  case 
is  disapproved  in  Nagle  v.  Saengerbund,  supra. 


MECHANICS*  LIENS  IN   PENNSYLVANIA.  45 

SECTION  22. 
Use-Claimants. 

Sec.  22.  Where  a  claim  has  been  filed  which  in-  who  are 
eludes  unpaid  items  of  labor  or  materials,  furnished 
by  one  who  contracts  with  the  claimant,  whether  or 
not  such  party  is  himself  entitled  to  file  a  claim 
against  the  property,  such  party  may,  at  any  time  be- 
fore actual  payment  or  satisfaction  of  the  claim,  file  of  t  ^  fiie  pe 
record  in  said  proceedings  a  petition,  under  oath  oration, 
affirmation,  setting  forth  how  his  interest  arises  and 
the  extent  thereof,  and  praying  that  he  be 
substituted  as  a  use-claimant  to  the  extent 
of  said  interest,  but  not  exceeding  the  bal- 
ance due  to  the  claimant;  whereupon  the  court  shall 
grant  a  rule  upon  the  claimant,  the  owner  and  the 
contractor  to  show  cause  why  the  relief  prayed  for 
should  not  be  allowed.  The  court  shall  from  the 
pleadings,  aided  as  to  the  material  disputed  facts,  if 
any,  by  depositions  or  by  a  hearing  at  bar,  make  such  Proceedlngs 
order  or  decree  as  the  facts  shall  warrant.  If  there 
be  a  dispute  as  to  the  amount  to  which  the  petitioner 
is  entitled  as  against  the  claimant,  that  dispute  shall 
be  settled  upon  the  distribution  of  the  fund  paid  on 
account  of  said  claim,  or  by  a  suit  at  common  law,  if 
such  suit  shall  have  been  brought,  or  by  an  issue  in 
said  proceedings,  and  the  court  may  make  such  orders 
in  relation  to  the  matter  as  upon  equitable  principles 
should  be  made.  After  a  copy  of  said  petition  and 
rule  shall  have  been  served  upon  the  owner  or  con- 
tractor, payments  made  by  him,  or  a  release  or  dis- 
charge given  by  the  claimant,  shall  not  defeat  or  in  ™f  p™t|-S£m- 
any  manner  affect  the  rights  of  the  use-claimant ;  but 
in  other  respects,  the  trial  of  any  issue  upon  the  claim 
shall  be  as  if  between  the  claimant  and  defendants 
onlv. 


46 


MECHANICS'   LIENS   IN   PENNSYLVANIA. 


Petition. 


Stay    allowed. 


SECTION  23. 
Proceedings  Where  Error  is  Made  in  Claim  Filed. 

Sec.  23.  Any  party  having  a  lien  against  estate 
in  or  charge  upon  the  property  included  in  such  claim, 
may  file  his  petition,  under  oath  or  affirmation,  aver- 
ring that  the  date  mentioned  in  the  claim  as  the  time 
when  the  structure  or  other  improvement  was  com- 
menced is  incorrect,  or  that  the  claim  is  filed  against 
more  land  than  should  be  justly  included  therein,  or 
that  for  any  reason  the  claim  is  postponed  to  the 
rights  of  the  petitioner,  and  praying  an  appropriate 
decree;  whereupon  the  court  shall  grant  a  rule  upon 
such  claimant  to  show  cause  why  the  relief  prayed 
for  should  not  be  allowed,  and  shall  stay  proceedings 
on  the  claim  pending  the  hearing  of  the  rule,  should 
justice  so  require.  At  the  instance  of  others  than 
those  personally  served  with  the  scire  facias,  such  rule 
shall  be  allowed,  though  judgment  be  recovered  on 
the  claim.  The  court  shall  from  the  pleadings,  aided 
as  to  the  material  disputed  facts,  if  any,  by  deposi- 
tions or  by  a  hearing  at  bar,  make  such  order  or  de- 
cree as  the  facts  shall  warrant.  Like  proceedings 
shall  be  had  if  the  petition  shall  aver  that  the  claim  is 
for  any  reason  invalid,  has  been  paid,  waived  or  re- 
leased, or  should  not  legally  or  equitably  be  allowed 
as  a  claim  against  the  property;  but  the  material  dis- 
puted facts  in  such  cases,  if  any,  shall  at  the  request 
of  either  party,  be  tried  by  a  jury  without  further 

Either  party  may  r         J  . 

demand  jury       nleadinsrs.      When   such   request   is   granted   by   the 

trial    of    disputed^  &  ^  °  J 

facts-  court,  the  fact  thereof  shall  be  entered  on  the  judg- 

Entered  on  judg- ment  index  as  a  lis  pendens,  with  the  same  effect  as  if 

ment  index  as  lis  * 

pendens.  a  wrjt  0f  scire  facias  had  duly  issued  upon  said  claim. 

The  owner  can  proceed  under  this  section  by  petition  and  rule  to 
obtain  relief.  Este  v.  Penna.  R.  R.  Co.,  13  D.  R.  451 ;  30  C.  C.  209,  affirmed 
on  the  ground  of  sufficiency  of  the  notice.    27  Pa.  S.  C.  R.  521. 


Depositions 
taken. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  47 


SECTION  24. 

Intervention  by  Third  Parties  as  Defendants  and  Substitution  of 

Defendants  by  Claimants. 

Sec.  24.     Any  person  having  an  interest  in  the  ^°eVveneS°as  "e* 
property  described  in  the  claim,  whether  existing  at  ment^feave^or 
the  time  of  the  claimant's  contract  or  acquired  subse-  c 
quently  thereto,  may,  by  agreement  of  the  parties  or 
by  leave  of  the  court,  intervene  as  a  party  defendant 
and  make  defence  thereto,  with  the  same  effect  as  if 
he  had  been  originally  named  as  a  defendant  in  the 
claim  filed.    And  the  claimant  may,  by  writing,  filed  at  Sbltuute  "her 
his  costs,  strike  off  the  name  of  any  defendant  therein,  defendants 
and  may  substitute  as  a  defendant,  and  issue  a  scire  fa- 
cias against,  any  person  who  may  have  acquired  an  in- 
terest as  owner  after  the  time  of  said  contract,  or  who 
is  the  personal  representative  of  an  owner  or  con- 
tractor who  has  died,  either  before  or  after  filing  the 
claim,  but  such  substitution  shall  always  be  without  Prejudice  of  in- 

■'  tervening    rights. 

prejudice  to  any  intervening  rights. 

Contractor. 

The  contractor  has  no  standing  to  demand  that  a  lien  filed  by  a  sub- 
contractor shall  be  stricken  off  where  the  owner  makes  no  objection. 
Cordes  v.  Ralston,  12  D.  R.  438.  Right  of  contractor  to  raise  objection 
not  passed  upon  by  court  in  Shee  v.  Walker  10  North.  91. 

Equities  can  only  be  asserted  by  the  one  having  them  and  not  by 
another.    Pagnacco  v.  Faber,  221  Pa.  326. 


48  MECHANICS'   LIENS   IN   PENNSYLVANIA. 


SECTION  25. 
Proceedings  for  Discharge  of  Liens. 


Petition  to  pay  Sec.  25.     Any  defendant  named  in  the  claim,  or 

oT^e Security1  any  person  allowed  to  intervene  and  defend  there- 
against,  may  present  his  petition,  under  oath  or  affir- 
mation, setting  forth  that  he  has  a  defence  in  whole 
or  in  part  thereto,  and  of  what  it  consists ;  and  praying 
that  a  rule  be  granted  upon  the  claimant  to  file  an 
affidavit  of  the  amount  claimed  by  him,  and  to  show 
cause  why  the  petitioner  should  not  have  leave  to 
enter  security,  or  pay  money  into  court  in  lieu  of  the 
claim ;  whereupon  a  rule  shall  be  granted  as  prayed 
for.  Upon  the  pleadings  filed,  or  from  the  claim  and 
the  affidavit  of  defence,  and  without  a  petition  where 
an  affidavit  of  defence  has  been  filed,  the  court  shall 
court  enters  de-  determine  how  much  of  the  claim  is  admitted  or  not 
cree-  sufficiently  denied;  and  shall  enter  a  decree  that,  upon 

the  payment  by  such  petitioner  to  the  claimant  of  the 
amount  thus  found  to  be  due,  with  interest  and  costs 
if  anything  be  found  to  be  due,  or  upon  payment  into 
court,  if  the  claimant  refuses  to  accept  the  same,  and 
upon  entering  approved  security  in  at  least  double  the 
balance  claimed  and  probable  costs,  or,  upon  payment 
into  court  of  a  sum  sufficient  to  cover  the  balance 
claimed,  with  interest  and  costs,  that  such  claim  shall 
be  wholly  discharged  as  a  lien  against  the  property 
described  therein,  and  shall  be  stricken  from  the  judg- 
ment index.  Thereafter  the  material  disputed  facts, 
submitted  to° s  if  any,  shall  be  tried  by  a  jury,  without  further  plead- 
ings, with  the  same  effect  as  if  a  writ  of  scire  facias 
has  duly  issued  upon  said  claim  to  recover  the  balance 
thereof;  but  the  jury  shall  be  sworn  to  try  issues 
between  the  claimant  and  the  parties  signing  the 
bond,  or  between  the  claimant  and  the  party  who  paid 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  49 

the  fund  into  court,  as  the  case  may  be;  and  verdict, 
judgment  and  execution  shall  follow  as  in  an  action 
commenced  at  common  law. 

In  a  proceeding  under  this  section  for  the  discharge  of  a  mechanics' 
lien  upon  entering  security,  the  issue  to  be  tried  is  made  by  the  lien  filed 
which  takes  the  place  of  a  Sci.  Fa.,  and  the  petition  setting  up  the  de- 
fence. The  lien  having  been  discharged  by  the  entry  of  security,  no  Sci. 
Fa.  can  issue  thereon.  A  formal  amendment  in  no  way  changing  the 
cause  of  action  will  not  discharge  the  surety  upon  such  a  bond.  Van- 
sciver  v.  Churchill,  35  Pa.  S.  C.  R.  212. 


50  MECHANICS'   LIENS   IN   PENNSYLVANIA. 

SECTION  26. 
Assignment  of  Claims. 

Sec.  26.  Any  claim  filed  or  to  be  filed  under  the 
hTtei^eor  aabsS°coi- provisions  of  this  act  may  be  assigned  or  transferred 
to  a  third  party,  either  absolutely  or  as  collateral  se- 
curity; but  no  such  assignment  or  transfer  shall  im- 
pair or  in  any  manner  affect  the  rights  of  use-claim- 
fur^ent  by  ants,  or  give  the  assignee  any  other  rights  than  his 
assignor  had.  Payment  to  the  claimant  of  the  amount 
of  his  claim,  or  the  finishing  of  the  contract  by  one 
who  is  a  guarantor  or  surety  of  or  for  the  claimant, 
unless  such  guaranty  or  suretyship  inures  to  the  bene- 

Operates    as    eq-  °  J  J  x 

ment'e  assIsn~  fit  °f  tne  owner,  shall  operate  as  an  equitable  assign- 
ment of  the  claim,  with  a  paramount  equity  in  his  fa- 
vor as  against  any  other  assignee,  but  a  secondary 
right  as  against  any  defendant  or  use-claimant.  In 
either  case,  if  the  claim  be  not  already  filed,  the  as- 

Assignea    to    file  ,.,..,  , 

claim  in  name  of  signee  may  file  it  in  the  name  of  the  assignor  to  his 

assignor  to  use. 

use.     If  it  be  already  filed  it  shall  be  marked  to  the 
use  of  the  assignee. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  51 

SECTION  27. 
Removal  or  Detachment  of  Structures. 


No    structures    to 


Sec.  2j.  No  structure  or  other  improvement 
bound  by  or  liable  for  any  such  claim  shall  be  re-  £e0  removed" 
moved  or  detached  from  the  premises  on  which  it  is 
bound,  pending  the  determination  of  the  validity  of 
such  claim  and  its  payment  if  adjudged  to  be  valid, 
unless  by  virtue  of  a  title  obtained  by  judicial  sale,  or 
by  one  owning  the  land  and  not  named  as  a  defendant, 
or  acquiring  title  through  a  defendant;  and  the  court, 
upon  proof  of  an  attempt  or  intention  to  remove  or 
detach  the  same  by  or  for  a  party  defendant,  or  bv  one  court  to   enjoin 

*  *         *  *  removal. 

succeeding  to  the  title  of  such  defendant,  shall  upon 
entering  approved  security  enjoin  such  removal  or 
detaching,  until  and  unless  approved  security  be  first 
entered  to  protect  the  claimant  in  the  amount  of  his 

After   reniovfll 

recovery.     If  the  structure  or  other  improvement  be  stm  nabie  for 

...  .  .  claim. 

in  fact  removed,  it  shall  still  be  liable  for  the  claims 

filed,  except  in  the  hands  of  a  purchaser  for  value, 

after  removal  and  without  notice ;  as  shall  the  land 

also,  if  it  was  bound  while  the  structure  or  other  im-  withoutdnotice!er 

provement  was  on  it. 


52  MECHANICS     LIENS   IN   PENNSYLVANIA. 

SECTION  28. 
Suits  and  Attachments  for  Labor  and  Materials. 

Sec.  28.  In  any  suit  brought  to  recover  for  la- 
bor done,  or  labor  or  materials  furnished,  to  a  struc- 
ture or  other  improvement,  whether  the  contract 
shall  have  been  recorded  or  not,  the  plaintiff,  if  he 

Suit  begun  by  ..,..,. 

summons  upon     nies  Qf  record  at  the  time  of  beginning  the  suit  an 

affidavit   filed.  .  , 

affidavit  setting  forth  the  facts,  may  summons  also 
therein  the  owner  or  any  other  party  indebted  to  the 
defendant  for  labor  done,  or  labor  or  materials,  fur- 
nished to  such  structure  or  other  improvement ;  the 
effect  of  service  of  which  writ,  upon  such  third  party, 
shall  be  to  attach  the  moneys  then  or  thereafter  be- 
coming due  such  defendant.    If  the  defendant,  at  any 

Attachment    upon  °  .  . 

third  parties.  time  before  verdict  or  judgment,  shall  file  an  affidavit 
that  he  does  not  owe  plaintiff  anything  by  reason  of 
labor  done,  or  labor  or  materials  furnished,  to  such 
structure  or  other  improvement,  the  summons  against 

Quashing  of        the  garnishee  shall  be  quashed  by  the  court,  upon  mo- 
summons.  .  .     .     r  . 

tion,  unless  within  fifteen  days  after  notice  and  ser- 
vice of  a  copy  of  such  affidavit  the  plaintiff  enter  ap- 
Entry  of  secur-  proved  security,  in  double  the  amount  of  his  claim, 
conditioned  that  he  will  prosecute  his  suit  with  effect, 
or  will  pay  all  costs,  damages  and  reasonable  fees  paid 
or  suffered  by  the  defendant,  in  case  of  his  failure  so 
to  do. 

This  section  is  unconstitutional.  It  violates  Art.  Ill,  Sec.  7  of  the  Con- 
stitution which  prohibits  "special  legislation  providing  or  changing  meth- 
ods for  the  collection  of  debts."  Tennessee  Producers'  Marble  Co.  v. 
Grant,  14  D.  R.  453 ;  Vulcanite  Portland  Cement  Co.  v.  Allison,  220  Pa. 
382.  The  decision  of  Auten,  J.,  in  Rogers  v.  Lisowski,  16  D.  R.  372  can 
no  longer  be  regarded  as  authority.  A  suit  under  this  section  is  a  "legal 
proceeding"  under  the  meaning  of  the  Bankruptcy  Act  of  1898,  and  the 
lien  will  fall  if  bankruptcy  proceedings  are  begun  within  four  months 
after  suit  is  brought  under  this  section.  Fairlamb  v.  Smedley,  36  Pa.  S. 
C.  R.  17. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  53 

SECTION  29. 
Form  of  Writ  of  Summons. 

Sec.  29.  Such  writ  of  summons  shall  be  in  the 
following  form : 

The  Commonwealth  of  Pennsylvania, 

To  the  Sheriff  of  the  County  of ,  Greeting: 

Whereas,  by  affidavit  filed  of  record  in  the  Court 

of   Common   Pleas   of   said county,   as   of 

Term,  i ,  No. ,  it  is  averred 

by ,  plaintiff  herein,  that ,  defendant 

herein,  is  indebted  to  him  for  labor  done  or  labor  or 
materials  furnished  to  the  structure  or  other  improve- 
ment therein  set  forth,  and  that  ,  garnishee 

herein,  is  indebted  to  said  defendant  for  labor  done  or 
labor  or  materials  furnished  to  the  same  structure  or 
other  improvement,  and  which  indebtedness  ought  to 
be  paid  by  the  garnishee  to  the  plaintiff  and  not  to  the 
defendant : 

Now,  therefore,  we  command  you  that  you  notify 
the  said  defendant  and  the  said  garnishee,  by  service 
of  a  copy  of  this  writ,  that  they  are  required  to  enter 
an  appearance  in  the  office  of  the  prothonotary  of  said 

court,  on  or  before  the day  of ,  Anno 

Domini ,  to  answer  the  claims  of  said  plaint- 
iff, and  to  abide  by  and  obey  the  judgment  of  said 
court.    And  have  you  then  and  there  this  writ. 

Witness  the  Honorable ,  President 

Judge  of  said  court,  this day  of ,  Anno 

Domini . 

,  Prothonotary. 

This  section  falls  with  Section  28.  which  was  held  unconstitutional  in 
Vulcanite  Cement  Co.  v.  Allison,  220  Pa.  382. 


54 


MECHANICS'   LIENS  IN   PENNSYLVANIA. 


Service. 


Procedure. 


SECTION  30. 
Alias  and  Pluries  Writs  of  Summons. 

Sec.  30.  Alias  and  pluries  writs  may  be  issued  if 
the  preceding  writs  shall  not  have  been  served,  and 
if  the  defendant  be  not  found  in  the  county  the  sheriff 
thereof  may  depute  the  sheriff  of  any  other  county  in 
the  Commonwealth  to  make  service  thereof  upon  such 
defendant.  The  procedure  in  such  cases,  if  the  de- 
fendant be  served,  shall  be  as  in  cases  of  summons  and 
attachment  execution,  and,  if  he  be  not  served,  shall 
be  as  in  cases  of  foreign  attachment ;  but  no  such  writ 
shall  issue,  nor  shall  any  proceedings  thereon  be  valid, 
unless  it  appears  of  record  by  the  affidavit  filed  that 
the  suit  is  brought  against  the  defendant  to  recover  for 
labor  done,  or  labor  or  materials  furnished,  to  a  struc- 
ture or  other  improvement  therein  named;  and  it  shall 
be  a  complete  defence  to  said  suit  that  nothing  is  due 
the  plaintiff  upon  that  account. 


This  section  is  made  null  by  the  decision  in  Vulcanite  Cement  Co.  v. 
Allison  220  Pa.  382,  which  holds  that  the  28th  section  violates  Art  III, 
Sec.  7  of  the  Constitution. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  55 

SECTION  31. 

Proceedings  to  Compel  Issuance  of  Scire  Facias. 

Sec.  31.  Any  party  named  as  a  defendant  in  the 
claim  filed,  or  admitted  to  defend  thereagainst,  may 
file  as  of  course  and  serve  a  notice  upon  the  claimant, 

.  Notice    to    Issue 

and  the  use-claimant  if  any,  to  issue  a  scire  facias  scire  facias. 

thereon  within  fifteen  days  after  notice  so  to  do.     If 

no  scire  facias  be  issued  within  fifteen  days  after  the  Clalm  may  be 

affidavit  of  service  of  notice  is  filed  of  record,  the  claim  strickea  o££- 

shall  be  stricken  off  by  the  court,  upon  motion.     If  a 

scire  facias  be  issued  in  accordance  with  such  notice 

the  claimant  shall  not  be  permitted  to  discontinue  the 

same,  or  suffer  a  non-suit  upon  the  trial  thereof ;  but  a  f^n^St.0* 

compulsory  non-suit  shall  be  entered  by  the  court  if 

the  plaintiff  does  not  appear,  or  withdraws,  or  for  any 

reason  fails  to  maintain  his  claim. 


Form  of  scire 
facias. 


56  MECHANICS'   LIENS   IN   PENNSYLVANIA. 


SECTION  32. 
Form  of  Scire  Facias. 

Sec.  32.  The  proceedings  to  recover  the  amount 
of  any  claim,  as  aforesaid,  shall  be  by  writ  of  scire  fa- 
cias in  the  following  form,  viz.: 

County,  ss. : 

The  Commonwealth  of  Pennsylvania, 

To  the  Sheriff  of  said  County,  Greeting: 

Whereas, hath  filed  a  claim  in  our  Court 

of  Common  Pleas for  the  County  of , 

against ,  for  the  sum  of for  (work 

done  or  materials  furnished,  or  both,  as  the  case  may 
be),  to  (or  on)  a  certain  structure,  to-wit:  (describ- 
ing it  as  in  the  claim). 

And  whereas,  It  is  alleged  that  said  sum  still  re- 
mains due  and  unpaid  to  the  said ,  now  we 

command   you    that   you    make    known   to    the    said 

that   be   and   appear   before    the 

Judges  of  our  said  Court,  at  a  Court  of  Common  Pleas 

to  be  held  at on  the  first  Monday  of 

next,  to  show  if  anything know  or  have  to 

say  why  the  said  sum  of should  not  be  levied 

of  the  said  structure  to  the  use  of  the  said ac- 
cording to  the  form,  decree  and  effect  of  the  act  of 
Assembly  in  such  case  made  and  provided,  if  to  them 
it  shall  seem  expedient;  and  have  you  then  and  there 
this  writ. 

Witness  the  Honorable ,  Presi- 
dent of  our  said  Court,  at the day  of 

,  Anno  Domini  1 . 

The  practice  as  to  Sci.  Fa.  has  been  changed  by  the  Act  of  April  17, 
1905,  P.  L.  172,  providing  for  the  use  of  the  above  form.  The  change  is 
material  and  the  court  will  not  sustain  a  judgment  entered  on  a  Sci.  Fa. 
issued  in  the  form  provided  by  §  32  of  the  Act  of  1901,  where  the  lien  has 
been  filed  since  the  amendatory  Act  of  1005.  Addis  v.  Lehr,  2  Leh.  L.  J. 
105. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  57 

SECTION  33. 
Service  of  Scire  Facias. 

Sec  33.     The  defendants  or  their  counsel  may  Scrvlce  accepte<L 
accept  service  of  said  writ  of  scire  facias,  but  if  service 
be  not  accepted  the  writ  shall  be  served  by  the  sheriff 

^  .  Tr   t1  ,  .   Service    In    other 

as  in  the  case  of  a  summons.  If  the  service  has  not  counties, 
been  or  cannot  be  fully  made  in  the  county  in  which 
the  writ  is  issued,  then  alias  or  pluries  writs  may  issue 
in  like  form,  or  the  sheriff  may  depute  the  sheriff  of 
any  other  county  in  the  Commonwealth  to  make  such 
service,  should  the  defendants  or  any  of  them  be  found 
therein.  If  service  cannot  be  made  upon  the  defen- 
dants or  any  of  them,  in  any  of  the  ways  above  set 
forth,  then  service  may  be  had  by  serving  the  person  !s>e^eircemaimer  °f 
or  persons  in  possession  of  the  property  described  in 
the  claim,  if  any,  with  a  like  copy  thereof,  or  by  post- 
ing a  brief  notice  of  the  contents  of  said  writ  upon  the 
most  public  part  of  said  property,  if  no  one  be  found 
in  possession  thereof,  and  by  advertising  a  like  brief 
notice,  once  a  week  for  four  successive  weeks,  in  one  Advertisement 
newspaper  of  general  circulation  in  the  county,  and  in 
the  legal  periodical,  if  any,  designated  by  the  court  for 
that  purpose.  Said  notice  shall  always  state  that 
judgment  may  be  entered  and  the  property  sold,  if  an 
affidavit  of  defence  be  not  filed  within  fifteen  days 
after  a  date  named,  which  shall  be  the  date  fixed  for 
the  last  advertisement.  Service  of  any  such  writ  may 
be  made  at  any  time  within  three  months  from  the 
date  on  which  it  was  issued,  but  it  shall  be  served  and 
returned  at  the  earliest  time  possible,  and  the  plaintiff 
may  require  its  return  at  any  time,  whether  or  not  it 
be  actually  served. 


58  MECHANICS'   LIENS   IN   PENNSYLVANIA. 


SECTION  34. 
Entry  of  Judgment  and  Assessment  of  Damages. 

Sec.  34.     If  no  affidavit  of  defence  be  filed  within 
the  time  designated,  judgment  may  be  entered  and 
want  of  affidavit  damages  assessed  by  the  prothonotary  by  default,  for 
want  thereof.    If  no  affidavit  of  defence  be  filed  by  the 
contractor,  judgment  may  be  entered  against  him  for 
want  thereof,  and  the  damages  assessed,  though  an  af- 
ag°ainst*gowner  iffidavit  of  defence  be  filed  by  the  owner;  but  no  judg- 
affidavit°r  ment  for  want  thereof  shall  be  entered  against  the 

owner,  if  an  affidavit  of  defence  be  filed  by  the  con- 
tractor.   If  an  affidavit  of  defence  be  filed,  a  rule  may 

Rule  for  want  of  J 

sufficient  am-      be  taken  for  judgment  for  want  of  a  sufficient  affidavit 

davit.  J        ° 

of  defence,  or  for  so  much  of  the  claim  as  is  insuffi- 
ciently denied,  with  leave  to  proceed  for  the  residue. 
The  defendant  may,  by  rule,  require  the  plaintiff  to 
to  file  replica-  reply,  under  oath  or  affirmation,  to  the  statements  set 
forth  in  the  affidavit  of  defence,  and,  after  the  replica- 
tion has  been  filed  may  move  for  judgment  on  the 
whole  record. 

Contractor. 

Judgment  may  be  entered  against  a  contractor  for  want  of  an  affidavit 
even  though  the  owner  file  one.  Such  judgment  will  not  be  opened  on 
the  petition  of  a  trustee  in  bankruptcy  of  the  contractor  on  the  allegation 
that  the  effect  of  the  judgment  would  be  to  give  the  sub-contractor  a  pre- 
ference over  other  creditors.    Felin  v.  Conway,  32  Pa.  S.  C.  R.  171. 

Issue — Plea. 

The  issue  is  made  by  the  writ,  affidavit  of  defence  and  replication  and 
the  court  is  not  guilty  of  error  in  refusing  to  order  the  filing  of  a  plea. 
Wyss.  Thalman  v.  Beaver  Valley  Brewing  Co.,  216  Pa.  435. 

Affidavit  of  Defence. 

The  court  cannot  go  outside  of  the  affidavit  of  defence  in  order  to 
enter  judgment  for  want  of  a  sufficient  affidavit.  Scott  v.  Morgan,  217 
Pa.  367. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  59 

SECTION  35. 
Effect  of  Judgment  Against  Contractor. 

Sec.  35.     If    service   be   accepted   for   the   con- 
tractor, or  if  he  shall  have  been  personally  served 
with  the  original  scire  facias  or  any  scire  facias  to  re- 
vive, or  if  it  be  left  for  him  with  an  adult  member  of 
his  family  or  the  family  with  whom  he  resides,  or  if 
he  appears  to  or  takes  any  action  in  the  case,  and  judg-  Effect  of  persom. 
merit  be  entered  against  him,  it  shall  have  all  the  ef-  al  judsment- 
feet  of  a  personal  judgment  in  a  suit  at  common  law; 
and  executions  may,   from  time  to  time,  be  issued 
against  him  thereupon,  or  the  same  may  be  revived, 
transferred  to  other  counties,  or  suits  brought  there- 
upon in  other  jurisdiction,  with  like   effect,   though 
the  owner  successfully  defends  against  the  claim,  or 
proceedings  be  still  pending  thereon.     If  the  owner 
pays  any  judgment  finally  recovered  on  the  claim,  the  ciaTm"  may 'hire 
claimant  shall,  upon  payment  of  costs,  mark  the  per-  id  u^his  ™*e.  ~ 
sonal  judgment  or  judgments  against  the  contractor 
to  the  use  of  the  owner,  and  shall  transfer  to  the  lat- 
ter any  note  or  other  collateral  security  he  may  have 
for  his  claim;  but  the  court  may,  upon  petition  of  the 
contractor,  open  the  judgment  or  cause  the  return  of  opening  judc- 
the  securities,  if  there  are  any  equities  as  between  men 
such  owner  and  contractor  which  shall  require  such 
action,  and  thereafter  try  the  issues  raised  in  such 
proceedings  as  in  other  cases. 

The  judgment  is  a  personal  one  as  to  the  contractor.     Felin  v.  Con- 
way, 32  Pa.  S.  C.  R.  171. 


6o 


MECHANICS     LIENS   IN    PENNSYLVANIA. 


SECTION  36. 
Nature  and  Kind  of  Defences  by  Contractor. 


Defences    defeat- 
ing a  personal 
action. 


Defences 
tanto. 


pro 


More  specific 
statement. 


growing 


Sec  36.  In  addition  to  the  defences 
out  of  the  insufficiency  of  the  claim  itself,  or  of  the 
proof  of  the  facts  necessary  to  sustain  it  as  a  claim 
against  the  structure  or  other  improvement,  any  de- 
fence which  would  defeat  the  action  were  it  a  personal 
one  against  the  contractor  to  recover  for  the  particu- 
lar work  or  materials  required  to  be  done  or  furnished 
under  the  contract  of  the  owner,  or  which  shows  that 
the  claim  was  intentionally  filed  for  a  grossly  exces- 
sive amount,  shall  wholly  defeat  the  claim;  and  proof 
that  the  work  in  certain  particulars  was  not  in  ac- 
cordance with  that  contract  shall  defeat  it  pro  tanto. 
Minor  defects,  or  a  failure  to  complete  in  minor  par- 
ticulars, shall  operate  as  a  defence  only  to  the  extent 
necessary  to  repair  or  complete  the  work.  For  the 
purpose  of  enabling  a  proper  defence  to  be  made,  the 
court  may  order  a  more  specific  statement  of  the 
claim,  or  an  examination  of  the  books  and  papers  re- 
ferred to  therein,  and  may  strike  off  the  claim  for  a 
failure  to  comply  with  the  order,  as  in  other  cases. 


Defences. 

The  contractor  or  his  trustee  in  bankruptcy  may  set  up  by  way  of  de- 
fence that  the  claim  is  not  a  lien  and  may  avail  themselves  of  the  defence 
either  by  affidavit  of  defence  or  motion  to  strike  the  lien  from  the  record. 
East  End  Mantle  &c.  Co.  v.  Greensburg  Plumbing  Co.,  16  D.  R.  779. 


Excessive  Amount. 

A  lien  filed  for  an  excessive  amount  will  not  be  stricken  off  unless 
there  is  an  evident  intention  to  oppress.     Morrison  v.  Bank,  9  Dela.  Co. 

573- 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  6l 

SECTION  37. 
Effect  of  Judgment  Against  Owner. 

Sec.  37.     A  compulsory  non-suit,  unless  revers-  !ru°£pulsor7  noB' 
ed  or  set  aside,  shall  operate  to  bar  all  further  pro- 
ceedings on  the  claim.     If  judgment  be  finally  recov- 

r  •         1      11  1       Judgment   not 

ered  in  favor  of  the  claimant,  it  shall  not  have  the  personal  except 

for  costs. 

effect  of  a  personal  judgment  against  the  owner  if  he 
be  not  also  the  contractor,  except  for  the  costs  of  the 
proceeding.     To  recover  the  costs  adjudged  to  the  Recovery  of 
successful  party,  he  may  issue  execution,  as  in  per- 
sonal actions. 

A  compulsory  non-suit  does  not  bar  subsequent  action  upon  the  debt. 
Sash  Co.  v.  Thompson,  17  D.  R.  996. 


62 


MECHANICS'   LIENS   IN    PENNSYLVANIA. 


Petition. 


SECTION  38. 
Proceedings  to  Alone  Sell  Structures. 

Sec.  38.  Any  claimant  for  an  entirely  new  erec- 
tion and  construction  of  a  structure  or  other  improve- 
ment, having  recovered  judgment  upon  his  claim, 
may,  except  where  the  property  named  is  essential  to 
the  business  of  a  quasi-public  corporation,  file  a  peti- 
tion in  the  court  in  which  such  claim  is  filed,  setting 
forth  that  the  party  contracting  for  the  structure  or 
other  improvement  was  not  capable  of  binding  the 
land,  has  forfeited  or  otherwise  lost  all  interest  there- 
in, that  the  prior  estates,  charges  and  encumbrances 
exceed  the  value  of  the  land,  or  that,  by  reason  of  any 
other  facts  in  said  petition  averred,  it  is  advantageous 
to  the  lien-claimants  that  the  structure  or  other  im- 
provements should  alone  be  sold  for  the  benefit  of  the 
Rule  on  aii  par-  claimants ;  whereupon  a  rule  shall  be  granted  upon  all 
parties  interested,  having  filed  or  being  entitled  to  file 
claims  upon  the  defendants  therein,  and  upon  every 
person  having  an  interest  in  the  property,  including 
the  then  owner  and  any  ground  rent  owner,  mort- 
gagee, lien-claimant  or  encumbrancer,  to  show  cause 
why  the  prayer  of  the  petition  should  not  be  granted, 
question  deter-  From  the  pleadings,  aided  as  to  the  material  disputed 
SSF&SS&m.  facts,  if  any,  by  depositions  or  a  hearing  at  bar,  the 
etc'  court  shall  determine  the  questions  raised;  and  if  it  is 

decided  that  it  would  be  advantageous  to  the  claim- 
ants to  have  the  structure  or  other  improvement  alone 
sold,  then  the  court  shall  enter  a  decree,  upon  equit- 
able terms,  that  the  land  upon  which  the  structure  or 
^ddsteructureted  other  improvement  stands  shall  be  exonerated  from 
60ld"  the  lien  of  the  claims,  and  the  structure  or  other  im- 

provement shall  alone  be  sold  to  pay  the  claims,  un- 
less the  owner  shall,  within  a  time  fixed,  pay  all  claims 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  63 

that  have  ripened  into  final  judgment,  and  give  ap-  0wner  may  pay 
proved  security  to  pay  all  subsequent  judgments  re- 2curity!>r  enter 
covered  thereon,  the  lien  of  such  claims  to  remain 
in  the  meantime;  or,  unless  within  such  time  he  shall, 
by  writing  filed,  agree  to  pay  into  court  for  the  benefit 
of  the  claimants,  and  of  himself  in  case  of  a  surplus, 
the  appraised  value  of  the  structure  or  other  improve- 
ments, as  determined  by  a  majority  of  three  apprais-  Appraisers  ap- 
ers,  selected  by  the  parties  or  appointed  by  the  court.  pomted- 
If  the  structure  or  other  improvement  is  alone  sold, 
only  those  who  labored  thereupon  or  furnished  labor  f^*1  s°e3  °nly 

,  for   labor  or  ma- 

or  materials  thereto,  shall  be  entitled  to  come  in  on  the terials  furnished. 

fund  realized  at  the  sale,  and  the  purchaser  thereat 

shall  have  sixty  days  within  which   to  remove   the 

same  from  the  land  which  was  exonerated  from  the 

claim. 


64  MECHANICS'   LIENS  IN   PENNSYLVANIA. 

SECTION  39. 
Sequestration  of  Rents,  Profits,  Etc. 

Sec.  39.  After  the  expiration  of  twenty  days 
from  the  recovery  of  judgment  upon  any  claim,  except 
in  cases  where  the  property  named  is  essential  to  the 
business  of  a  quasi-public  corporation,  the  court  shall, 
upon  the  petition  of  such  judgment  creditor,  appoint 

sequestrator.  a  sequestrator  of  the  rents,  issues  and  profits  of  the 
property  bound  by  the  judgment,  unless  in  the  mean- 
time an  appeal  be  taken  and  approved  security  given 
to  operate  as  a  supersedeas.  If  the  owner  against 
whom  the  judgment  is  entered  be  in  possession  of  the 
property  sequestered,  the  court  shall,  upon  petition 
filed  and  served,  grant  a  rule,  and,  if  it  be  made  abso- 

owner  in  posses- lute,  award  a  writ  in  the  nature  of  a  writ  of  habere 
facias  possessionem,  directed  to  the  owner,  command- 
ing him  to  deliver  such  possession  to  the  sequestrator 
within  fifteen  days  thereafter,  unless  such  property  be 
occupied  by  the  owner  and  his  family  for  a  home,  in 
which  case  he  shall  be  entitled  to  retain  possession 
for  a  period  of  three  months  from  the  time  the  petition 
was  served  upon  him. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  65 

SECTION  40. 

Revival  of  Claim  by  Writ  of  Scire  Facias. 

Sec.  40.     The  judgment  upon  said  claim  may  be 
revived  by  writ  of  scire  facias  in  the  following  form: 

r*^,        •->  1    1         r  t\  1  •  r^    t-\  1   t^    Writ  of  sci.   fa. 

The  Commonwealth  of  .Pennsylvania,  to  L.  D.  and  tL.  to  revive. 
F.,  Greeting: 

Whereas,  A.  B.,  claimant,  on  the  day  of 

,  A.  D.  1 ,  recovered  judgment  in  the 


sum  of dollars  against  you  that  the  follow- 
ing described  property  be  sold  to  satisfy  the  same: 
(Here  describe  property  in  full.) 

And  whereas,  We  have  been  given  to  understand 
that  though  judgment  as -aforesaid  was  rendered,  yet 
the  amount  thereof  is  still  due  and  unpaid,  and  re- 
mains as  a  lien  against  said  property:  Now,  you  are 
hereby  notified  to  file  your  affidavit  of  defence  to  A. 
B.'s  claim  upon  said  judgment,  if  any  defence  you 
have,  in  the  office  of  the  prothonotary  of  our  said 
court,  within  fifteen  days  after  the  service  of  this  writ 
upon  you.  If  no  affidavit  of  defence  be  filed  within 
that  time,  said  judgment  may  be  revived  against  you 
for  the  amount  set  forth,  with  interest  from  the  time 
of  its  recovery,  and  said  property  be  sold  to  recover 
the  whole  thereof. 

Witness     the     Honorable ,     President 

Judge  of  our  said  court,  this day  of , 

Anno  Domini  I . 

(Seal)  ,  Prothonotary. 

But  the  parties  to  the  judgment  may  agree  upon 
an  amicable  scire  facias  to  revive,  or  to  an  amicable 

.  .  Amicable  sci.   fa. 

judgment  of  revival,  upon  such  terms  as  may  be 
agreed  upon,  with  the  same  effect  as  if  a  scire  facias  in 

5 


66  mechanics'  liens  in  Pennsylvania. 

the  form  aforesaid  had  been  duly  issued,  served  and 
returned.   If  a  terre-tenant,  whose  deed  has  been  duly 

Terre   tenant   not  j     j     •  .  .1  jrj^j  j 

served.  recorded,  is  not  suggested  as  a  defendant  and  made  a 

party  to  the  scire  facias  to  revive,  the  amicable  scire 
facias  to  revive,  or  the  amicable  judgment  of  revival, 
or  shall  not  be  made  a  party  and  served  within  the 
period  prescribed  for  reviving  the  lien  of  ordinary 
judgments,  the  lien  of  the  claim  shall  be  lost  so  far  as 
his  interest  in  the  property  is  concerned. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  67 

SECTION  41. 
Service  of  Scire  Facias  to  Revive. 

Sec.  41.     The  defendants  or  their  counsel  may  ServiC6  accepte(L 
accept  service  of  said  writ  of  scire  facias  to  revive,  but 
if  service  be  not  accepted  the  writ  shall  be  served  by 
the  sheriff  as  in  the  case  of  a  summons.     If  the  de- 
fendants or  either  of  them  cannot  be  served  in  the  _ 

Service    in    other 

county,  then  alias  or  pluries  writs  may  issue  in  like  countles- 
form,  or  the  sheriff  may  depute  the  sheriff  of  any  other 
county  in  the  Commonwealth  to  make  such  service, 
should  the  defendants  or  any  of  them  be  found  there- 
in. If  service  cannot  be  made  upon  the  defendants 
or  any  of  them,  in  any  of  the  ways  above  set  forth, 
then  service  may  be  had  by  serving  the  person  or  per- 
sons in  possession  of  the  property  described  in  the 
claim,  if  any,  with  a  like  copy  thereof,  and  if  no  one  be 
found  in  possession  thereof,  then  by  posting:  a  brief 

r  .  J    v  t>  Manner   of    ser- 

notice  of  the  contents  of  said  writ  on  the  most  public  yice- 

part  of  said  property.     Said  notice  shall  state  that 

judgment  may  be  entered  and  the  property  sold,  if  an  Notice 

affidavit  of  defence  be  not  filed  within  fifteen  days 

after  a  date  named,  which  shall  be  the  date  of  such 

posting.     Service  of  any  such  writ  may  be  made  at 

any  time  within  three  months  from  the  date  on  which 

it  was  issued,  but  it  shall  be  served  and  returned  at  Time  of  service. 

the  earliest  time  possible,  and  the  plaintiff  may  at  any 

time  require  its  return,  whether  or  not  it  be  actually 

served. 


68  mechanics'  liens  in  Pennsylvania. 

SECTION  42. 
Practice  and  Proceedings  to  Revive. 

Sec.  42.     The  practice  and  procedure  following 
Ki'Sf  faascias!smalsaid  scire  facias  to  revive,  so  far  as  applicable  shall  be 
the  same  as  in  the  case  of  the  original  scire  facias  to 
collect  the  claim. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  69 

SECTION  43. 

Entry  of  Records  on  Judgment  Index. 

Sec.  43.  Every  claim  filed,  scire  facias  issued, 
verdict  recovered,  and  judgment  entered,  in  accord- 
ance with  the  provisions  of  this  Act,  shall  be  entered 

.     Must  be   indexed. 

on  the  judgment  index  of  the  court.  When  a  claim  is 
stricken  off  or  satisfied,  the  name  of  a  defendant 
stricken  out,  a  scire  facias  discontinued  or  quashed,  or 
a  verdict  or  judgment  stricken  off,  set  aside  by  grant- 

.    .  ,  ,  •    n      1  Reversal    or    sat- 

ing a  new  trial,  or  otherwise  reversed  or  satisfied,  a  istaction   noted. 

note  thereof  shall  be  made  on  said  judgment  index,  but 

not  in  an  appealable  matter  until  the  expiration  of  the 

time  for  such  appeal. 


70  MECHANICS'  LIENS   IN   PENNSYLVANIA. 

SECTION  44. 

Execution  by  and  Form  of  Levari  Facias. 

Sec.  44.  Execution  upon  any  judgment  recov- 
ered upon  any  such  claim,  except  where  the  property 
named  is  essential  to  the  business  of  a  quasi-public 
corporation,  shall  be  by  writ  of  levari  facias  in  the 
following  form: 

The    Commonwealth    of    Pennsylvania    to    the 

Sheriff  of  County,  Greeting: 

Whereas,  A.  B.,  claimant,  on  the  day  of 

,  Anno  Domini  1 ,  recovered  judgment  in 

the  sum  of dollars,  with  interest  from  the 


Form  of  levari 
facias. 


day  of ,  Anno  Domini  1 ,  and  costs  amount- 
ing to dollars,  in  our  Court  of  Common  Pleas 

of  said  county,  of  Term,  1 ,  Number 

■ ,  M.  L.  D.,  against  C.  D.  and  E.  F.,  that  the  fol- 
lowing described  property  in  your  bailiwick  be  sold 
to  satisfy  the  same,  viz. : 

(Here  describe  property  in  full.) 

Now,  this  is  to  command  you  that  you  expose  the 
said  property  to  sale  by  public  vendue  and  outcry, 
after  due  advertisement  according  to  law,  and  that 
return  of  said  sale,  with  the  moneys  realized  thereby 
and  this  writ,  you  make  to  our  said  court  on  the 
day  of ,  Anno  Domini  1 . 

Witness    the     Honorable    ,     President 

Judge  of  our  said  court,  this day  of , 

Anno  Domini . 

(Seal.)  ,  Prothonotary. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  "jl 

SECTION  45. 
Title  Acquired  by  Purchaser  at  Sheriff's  Sale. 

Sec.  45.  The  title  acquired  at  the  sheriff's  sale 
under  such  writ  shall  be  the  title  which  was  bound  by 
the  lien,  as  hereinbefore  set  forth ;  but  no  mortgage,  uen.6 
ground  rent,  or  other  charge  upon  or  estate  in  the 
land,  shall  be  affected  by  such  sale,  unless  upon  the 
record  existing  at  the  time  of  sale  some  lien  upon  the 
property,  prior  in  date,  is  also  discharged  thereby. 
Where  the  structure  or  other  improvement,  the  sub- 
ject of  the  lien,  shall  be   situate  in  more  than  one  structures  situ- 

fit©  in  ssvcrsl 

county,  the  whole  thereof  shall  be  sold  under  a  writ  of  counties, 
levari  facias  in  the  county  where  the  principal  part 
thereof  shall  be;  but  notice  of  such  sale  shall  be  given 
in  every  county  where  any  part  thereof  is  situate,  to 
the  same  extent  as  if  the  whole  thereof  were  in  that 
county,  and  the  sheriff's  deed  shall  be  acknowledged 
and  recorded  in  every  such  county. 


72 


MECHANICS'   LIENS   IN    PENNSYLVANIA. 


Execution  as 
against   other 
corporations. 


SECTION  46. 
Execution  against  Quasi-Public  Corporations. 

Sec.  46.  .  Where  judgment  is  recovered  upon 
any  claim,  the  property  named  in  which  is  essential 
to  the  business  of  a  quasi-public  corporation,  the 
claimant  shall  have  execution  thereupon  as  in  other 
cases  of  judgments  against  such  corporations.  Upon 
the  distribution  of  any  fund  realized  by  a  sale  of  the 
franchises  and  the  whole  or  any  part  of  the  assets  of 
the  corporation,  the  court  shall  determine  the  relative 
value  of  the  whole  improvement  to  the  property,  to 
recover  from  part  or  all  of  which  the  claim  was  filed, 
and   the    claim    shall    be    preferred   with    other   such 

Apportionment  11111  1 

of  funds  realized,  claims,  to  the  extent  that  the  value  thus  determined 
bears  to  the  whole  value  of  the  franchises  and  assets 
sold. 


Distribution. 


The  method  provided  by  this  section  to  enforce  a  judgment  on  a  lien 
is  not  a  proceeding  in  rem,  but  in  personam  and  inoperative.  It  is  special 
legislation.  The  method  of  enforcing  the  lien  being  inoperative  the  lien 
falls.    Vulcanite  Co.  v.  Rapid  Transit  Co.,  220  Pa.  603. 


MECHANICS    LIENS  IN  PENNSYLVANIA.  73 

SECTION  47. 
Sale  of  Leasehold  Estate  at  Judicial  Sale. 

Sec.  47.  If  a  leasehold  estate  or  other  tenancy, 
bound  by  or  liable  for  any  such  claim,  be  sold  at  judi- 
cial sale,  whether  under  proceedings  on  the  claim  or  affirm  ^eL™*7 
otherwise,  the  purchaser  shall,  unless  the  lease  pro- 
vides otherwise,  have  the  option  of  affirming  the  lease 
or  tenancy,  and  continuing  as  a  tenant  under  all  the  „ 

J  '  &  May    remove 

terms  and  conditions  of  such  letting,  or  of  removing  Pr0Derty- 
the  property  subject  to  such  claim,  unless  the  owner, 
upon  notice  so  to  do,  shall  elect  to  purchase  the  estate 

.  ,  .  1  1  1  •         «  Owner   may   elect 

and  property  so  bought,  at  a  value  to  be  determined  to  purchase 

estate. 

by  the  majority  of  three  appraisers,  selected  by  the 
parties  or  appointed  by  the  court. 


74 


MECHANICS'  LIENS  IN   PENNSYLVANIA. 


Security  to  be 
entered.  Stay 
one  year. 


Admission 
claim. 


of 


Expiration   of 
stay. 


Owners'   rights 
upon  payment. 


SECTION  48. 

Stay  of  Proceedings. 

Sec.  48.  At  any  time  before  the  property  is  sold, 
approved  security  may  be  entered  for  a  stay  of  pro- 
ceedings until  the  expiration  of  one  year  after  the  date 
of  filing  the  claim.  The  entry  of  such  security  by  the 
owner,  before  the  entry  of  judgment  on  the  claim, 
shall  be  equivalent  to  an  admission  by  him  that  the 
property  is  liable  for  the  claim.  The  entry  of  such  se- 
curity by  the  contractor,  before  the  entry  of  judgment 
on  the  claim,  shall  be  equivalent  to  an  admission  by 
him  that  he  has  no  defence  to  the  recovery  of  judg- 
ment against  himself,  but  shall  not  debar  the  owner 
from  defending  the  claim.  After  the  stay  has  expired, 
the  claimant  may  proceed  upon  the  claim  and  the  bond 
given,  separately  or  simultaneously.  If  payment  is 
made  by  the  owner,  the  bond  given  by  the  contractor 
shall  be  assigned  to  the  use  of  the  owner,  and  he  may 
recover  thereupon  the  amount  paid,  or  any  part  there- 
of, if  the  accounts  as  between  himself  and  the  contrac- 
tor shall  justify  such  recovery. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  75 

SECTION  49. 

Rights  of  Claimant  in  Case  of  Fire. 

Sec.  49.  In  case  the  structure  or  other  improve- 
ment bound  by  or  liable  for  any  such  claims,  or  which 
would  be  so  liable  but  for  a  waiver  thereof,  shall  be 
destroyed  or  removed  by  fire  or  other  casualty  prior 
to  the  payment  of  the  claims,  any  insurance  placed 
upon  the  property  by  the  owner,  contractor  or  sub- 
contractor because  of  such  improvement,  and  actually  ^tied.lalmant 
received  or  to  be  received  by  him  because  of  its  de- 
struction or  removal,  shall,  after  the  insured  has  re- 
ceived all  premiums  paid  and  any  money  actually  ex- 
pended by  him  on  account  of  such  improvement,  inure 
to  the  benefit  of  claimants  and  use-claimants  under  Petition  by  any 

party  in  interest. 

him,  with  the  same  effect  as  if  they  were  parties  to  the 
contract  of  insurance;  and  any  party  in  interest  may, 
by  petition  filed  in  his  case,  or  by  bill  in  equity  if  no 
claim  be  actually  filed,  compel  the  application  of  such 
surplus  of  insurance  money,  in  the  same  way  and  man- 
ner, to  the  same  parties  and  in  the  same  proportions, 
as  if  the  fund  were  realized  by  a  judicial  sale  of  the 
property  and  there  was  no  waiver  of  liens.  If  any  in- 
surance placed  upon  the  property  because  of  such  im- 
provement shall  inure  also  to  the  benefit  of  a  mort- 
gagee, ground  rent  owner,  or  other  person  having  an 
estate  in,  charge  upon  or  encumbrance  against  such 
land  and  improvement,  the  said  claimants  or  use-  SSmfntV011  °* 
claimants,  after  such  person  shall  have  been  paid  in 
full,  shall  be  subrogated  to  his  rights  against  the 
owner  and  property,  to  the  extent  of  the  difference  be- 

r       r         J  Proportion   of 

tween  the  money  recovered  by  and  that  paid  out  by  distributions, 
such  owner,  but  not  exceeding  the  amount  of  insur- 
ance actually  paid. 

A  bill  filed  jointly  against  the  owners  of  and  contractor  for  the 


y6  mechanics'  liens  in  Pennsylvania. 

houses  destroyed  by  fire,  and  against  the  insurance  companies  having  poli- 
cies thereon  is  not  multifarious  as  to  the  insurance  companies,  because  it 
seeks  to  impound  the  proceeds  of  the  policies  for  the  benefit  of  lien  credi- 
tors.   Valley  Lumber  Co.  v.  Orr,  15  D.  R.  385. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  JJ 

SECTION  50. 
Requirements  as  to  Security. 

Sec.  50.  Wherever  security  is  required  to  be 
given  in  accordance  with  the  provisions  of  this  Act,  cupr^y^a 
it  may  be  approved  by  the  prothonotary,  subject  to  an 
appeal  to  the  court  as  in  other  cases.  If  thereafter  the  New  security, 
security  be  found  to  be  insufficient,  new  security  may 
be  required  within  a  given  time ;  in  default  of  the  entry 
of  which  the  cause  may  proceed  with  the  same  effect 
as  if  none  had  been  given,  the  sureties  however  re- 
maining liable.  By  agreement  of  the  parties,  or  upon 
approval  by  the  court,  after  notice,  new  security  may 
be  entered  in  lieu  of  that  originally  taken  and  an 
exoneratur  entered  on  the  first  bond,  or  the  security 
given  may  be  limited  to  a  particular  property,  if  clear 
of  encumbance,  and  if  the  security  be  entered  as  a  lien 
upon  said  property. 


78 


MECHANICS    LIENS   IN   PENNSYLVANIA. 


Manner   of 
amendment. 


SECTION  si. 

Right  of  Amendments  of  Record  Papers. 

Sec.  51.  Any  claim,  petition,  answer,  replica- 
tion, scire  facias,  affidavit  of  defence,  or  other  paper 
filed  of  record,  may  be  amended  from  time  to  time 
by  agreement  of  the  parties,  or  by  leave  of  the  court, 
upon  petition  for  that  purpose,  under  oath  or  affirma- 
tion, setting  forth  the  amendment  desired,  that  the 
averments  therein  contained  are  true  in  fact,  and  that 
by  mistake  they  were  omitted  from  or  wrongfully 
stated  in  the  particulars  as  to  which  the  amendment 
is  desired.  Such  amendment  shall  be  of  right,  saving 
intervening  rights;  except  that  no  amendment  of  the 
Not  allowed  after  ciaim  shall  be  allowed,  after  the  time  for  its  filing  has 

time    for    filing  '  ° 

expire?.  expired,  which  undertakes  to  substitute  an  entirely 

different  property  from  that  originally  described  in  the 
claim,  or  a  wholly  different  party  as  the  defendant 
with  whom  the  claimant  contracted;  but  the  descrip- 
tion of  the  property  or  the  name  of  such  defendant 
may  be  amended  so  as  to  be  made  more  accurate,  as  in 
other  cases  of  amendment.  If  the  names  of  the  owner 
and  contractor  be  correctly  stated  and  the  description 
of  the  property  be  reasonably  accurate,  the  claim  shall 
be  sufficient  notice  to  the  owner,  purchasers  and  lien 
creditors,  though  it  may  have  to  be  amended  in  other 
particulars.  The  court  may,  for  cause  shown  and  filed 
of  record,  enlarge  the  time  for  requiring  the  filing  of 
the  claim,  affidavit  of  defence,  answer  or  replication, 
for  issuing  a  scire  facias,  or  for  entering  securit)',  by 
rule  or  special  or  standing  order;  and  any  judgment 
by  default  may  be  opened  by  the  court,  upon  cause 
shown ;  but  no  enlargement  of  the  time  for  requiring 
the  filing  of  the  claim  or  for  issuing  a  scire  facias  shall 
extend  the  same  beyond  the  time  herein  provided  for 
preserving  or  retaining  the  lien  thereof. 


Notice. 


Extension  of 
time  of  filing. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  79 

Amendments  to  liens  are  of  right  saving  intervening  rights  and  can 
be  made  at  any  time  during  existence  of  lien  except  when  otherwise  pro- 
vided by  the  law.    Thirsk  v.  Evans,  211  Pa.  239. 


Formal. 

Right  to  amend  will  be  liberally  allowed  where  the  amendment  is 
formal  or  where  the  lien  filed  contains  a  statement  sufficient  to  form  the 
basis  of  an  amendment.  Sinnott  v.  Beard,  14  D.  R.  619;  21  Montg.  L. 
R.  93;  10  North.  16;  Beam  v.  Geiselman,  16  D.  R.  579;  22  Montg.  L.  R. 
106;  James  v.  Homoyer,  21  Montg.  L.  R.  88. 


Different  Property. 

Amendments  are  allowable  after  the  time  for  filing  has  expired  ex- 
cept where  they  undertake  to  substitute  a  different  property  from  that 
originally  described  in  the  claim  or  a  different  party  as  the  defendant 
with  whom  the  claimant  contracted.  Hoover  v.  Lebo,  14  D.  R.  238;  30 
C.  C.  582. 

Different  Party. 

One  may  not  amend  by  substituting  a  different  party  as  the  one  with 
whom  he  contracted,  but  may  amend  as  to  parties  with  whom  he  did  not 
deal  directly.    Sand  Co.  v.  P.  C.  &  W.  Ry,.  17  D.  R.  377. 

After  six  months  from  the  filing  of  a  lien,  the  court  cannot  allow 
an  amendment  striking  out  the  name  of  the  claimant  and  substituting  the 
name  of  another  person  as  the  real  party  in  interest.  Holthouse  v.  Bray, 
31  Pa.  S.  C.  R.  200. 

Plans  and  Specifications. 

A  sub-contractor  who  has  filed  with  his  lien  a  copy  of  a  contract  re- 
ferring to  plans  and  specifications,  can  after  the  statutory  period,  amend 
by  averring  that  he  has  demanded  of  the  owner  copies  and  been  refused, 
and  that  he  is  thereby  prevented  from  attaching  them  to  his  contract  and 
lien.    Thirsk  v.  Evans,  211  Pa.  239. 

Notice. 

Where  notice  of  intention  to  file  and  of  the  filing  of  a  claim  has  been 
given,  the  lien  may  be  amended  by  the  addition  of  an  averment  of  the 


80  MECHANICS'   LIENS  IN   PENNSYLVANIA. 

giving  of  notice  to  the  owner  even  after  expiration  of  time  for  filing 
claims,  saving  intervening  rights.    Lumber  Co.  v.  Turnbach,  30  C.  C.  408. 

Leave  to  amend  a  lien  by  alleging  a  request  to  file  it  as  an  excuse  for 
failure  to  give  notice  was  refused  where  it  did  not  appear  that  the  re- 
quest was  acted  on  and  that  plaintiff  stood  on  his  rights.  Lord  v. 
O'Brien,  33  C.  C.  524. 

An  amended  lien  can  be  filed  without  leave  prior  to  expiration  of 
statutory  period,  but  thereafter  should  be  on  petition  conforming  to  §  51. 
Mulherin  v.  Judge,  9  North.  219. 

Notice  of  the  filing  of  a  claim  is  obligatory  under  §  21.  Where  the 
notice  has  not  been  given  the  court  may  not  under  this  section  as  to  amend- 
ments, allow  the  notice  to  be  served,  where  the  statutory  period  has  ex- 
pired.   Compton  v.  Sankey,  13  D.  R.  535;  7  Dauph.  215. 

Kind  of  Labor,  Etc. 

Failure  to  state  the  kind  and  character  of  the  labor  and  materials 
furnished,  whether  claimant  has  collateral  security,  whether  the  lien  is 
claimed  against  the  fee  or  a  less  estate  and  from  what  date  it  is  claimed, 
are  amendable  hereunder.    Burns  v.  Judge,  10  North.  80. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  8l 

.    SECTION  52. 
Return,  Service,  Filing,  Etc.,  of  Pleadings. 

Sec.  52.  Any  rule  granted  under  the  provisions 
of  this  Act  may  be  made  returnable  at  such  time  as 
the  court  may  direct,  either  therein  or  by  rule  of 
court,  or  by  special  or  standing  order.  All  petitions, 
answers.  The  facts  averred  by  either  party  and  not  Petitions, 
tion.  Answers  must  be  filed  and  served  within  fif-  Answers. 
teen  days  after  service  of  the  petition,  and  rules  and 
replications  must  be  filed  within  fifteen  days  after  ser- 
vice of  the  last  of  the  answers.  Replications  must  be 
confined  to  a  reply  to  new  matter  set  forth  in  the 
answers.  The  facts  averred  by  either  party  and  not  Repllcations> 
denied  in  the  answer  or  replication  of  the  other,  shall 
be  taken  as  true  in  all  subsequent  proceedings  in  the 
cause,  without  the  necessity  for  proof  thereof,  unless 
amended  as  herein  set  forth.  Any  fact  necessarily 
found  by  the  court  in  finally  determining  a  rule,  shall 
also  be  taken  as  true  in  all  subsequent  proceedings  in 
the  cause,  without  the  necessity  for  proof  thereof,  un- 
less either  party,  by  writing  filed  and  served  at  least  submission  of 

.  .  facts  to  jury. 

ten  days  prior  to  the  time  fixed  for  trial,  requires  that 
it  be  submitted  to  the  jury. 


82  MECHANICS'   LIENS   IN   PENNSYLVANIA. 

SECTION  53. 

Service  of  Notices,  Rules,  Petitions. 

Sec.  53.  All  notices,  petitions  and  rules  shall  be 
Manner  of  ser-  served  upon  counsel  for  the  parties  interested,  or  upon 
Tice'  the  parties  themselves,  in  the  manner  bills  in  equity 

are  served,  or  upon  the  owner  by  leaving  a  copy  with 
the  party  in  possession  of  the  structure  or  other  im- 
provement; or  in  default  of  service,  then  in  such  man- 
ner as  the  court  shall  direct. 

The  notice  of  the  riling  of  the  lien  can  under  this  section  be  served 
on  the  tenant  in  possession.  Stoner  v.  Heilman,  12  D.  R.  525,  but  a  notice 
can  not  be  served  on  a  clerk  at  the  owner's  place  of  business  in  the 
owner's  absence.     Lofink  v.  Schuette,  14  D.  R.  558. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  83 

SECTION  54. 
Entry  of  Satisfaction  by  Claimant. 

Sec.  54.     If  the  claim  shall  be  paid  or  otherwise 
satisfied  or  discharged  at  any  time  after  filing,  or  if  a 
wilfully  false  claim  shall  be  filed,  it  shall  be  the  duty 
of  the  claimant  or  his  legal  representatives,  at  the  re- 
quest of  the  owner  or  of  any  other  person  interested,  Fcr  what  en 
and  on  the  payment  of  costs  if  any  be  due,  to  enter  tered- 
satisfaction  on  the  record  of  such  claim,  which  satis- 
faction shall  forever  discharge  the  lien.    In  such  cases, 
a  refusal  to  satisfy  the  claim  for  a  period  of  sixty  days  Refusal  to 
after  notice  so  to  do,  served  upon  the  claimant  or  his 
agent  or  attorney,  shall  subject  such  claimant  to  a  suit 
as  for  a  penalty  at  the  hands  of  the  party  aggrieved,  in 
such  sum  as  the  jury  shall  determine  to  be  just,  but 
not  exceeding  the  amount  of  the  claim. 


84 


MECHANICS'   LIENS  IN   PENNSYLVANIA. 


SECTION  55. 
Distribution  of  Proceeds. 

Sec.  55.     Every  distribution  under  the  provisions 
of  this  Act  shall  be  made  as  follows : 


Use-claimants. 


Sub-contrac- 
tors. 


(1)  To  use-claimants  the  amounts  due  to  them, 
but  not  exceeding  in  the  aggregate  the  sum  distribut- 
able to  the  lien  of  the  sub-contractor  through  whom 
they  claim. 

(2)  To  sub-contractors  the  amounts  due  to  them, 
after  deducting  any  sums  awarded  to  use-claimants 
under  them. 


contractors  (3)  To   contractors  the  amounts  due  to  them, 

after  deducting  any  sums  awarded  to  sub-contractors 
and  use-claimants  under  them. 


Owner. 


Claims    abate 
proportionately. 


(4)  To  the  owner  any  balance  remaining. 

If  the  amount  distributable  to  any  of  said  classes 
shall  be  insufficient  to  pay  in  full,  the  claims  in  that 
class  shall  abate  proportionately. 


This  section  provides  for  the  order  of  distribution  but  does  not  affect 
the  law  as  to  the  right  of  others  than  the  owner  to  challenge  the  va- 
lidity of  a  lien  filed.  Upon  a  distribution  the  court  can  inquire  not  only 
as  to  the  priority  of  liens  as  between  the  various  claimants  to  the  fund, 
but  can  determine  the  validity  of  claims  filed  and  if  the  determination  is 
adverse  to  the  claim,  distribution  can  be  made  accordingly.  Prudential 
Trust  Co.  v.  Hildebrand,  34  Pa.  S.  C.  R.  249. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  85 

SECTION  56. 
Priority  of  Distribution  of  Funds  in  Legal  Proceedings. 

Sec.  56.  In  every  distribution  hereafter  made 
under  legal  proceedings  in  any  court,  if  any  portion  of 
the  funds  for  distribution  shall  have  been  realized  be-  Priority  in  fund 

,  .,    ,  ..-.,,  for   labor  and 

cause  of  labor  or  materials  furnished  to  any  structure  materials  fur- 

1  11  1  •  nished. 

or  other  improvement  by  the  party  whose  estate  is  to 
be  distributed,  any  distributee  claiming  for  labor  done 
or  labor  or  materials  furnished  to  such  structure  or 
other  improvement  shall  be  entitled  to  priority  against 
the  portion  of  the  fund  thus  realized. 

On  the  distribution  of  a  fund  arising  from  the  sale  of  a  decedent's 
real  estate  for  the  payment  of  debts,  sub-contractors  who  have  filed  claims 
within  the  statutory  time  are  entitled  to  priority  even  though  their  liens 
have  not  been  reduced  to  judgment.  The  death  of  the  owner  does  not 
extend  the  time  for  filing  a  claim  and  those  sub-contractors  who  do  not 
file  within  the  statutory  period  are  not  entitled  to  priority.  Langbein's 
Estate,  15  D.  R.  961. 

The  Orphans'  Court  has  no  power  to  give  validity  to  a  lien  by  amend- 
ment of  the  claim  and  in  distribution  of  a  fund  raised  by  an  Orphans' 
Court  sale  for  payment  of  debts  a  mechanics'  lien  will  not  be  given  pri- 
ority over  a  mortgage  by  evidence  outside  of  the  claim,  that  the  last  work 
was  done  within  six  months  from  the  filing  of  claim.  Deichley's  Est.  35 
Pa.  S.  C.  R.  442. 


86  mechanics'  liens  in  Pennsylvania. 

SECTION  57. 
Receipt  as  Condition  Precedent  to  Payment. 

Sec.  57.  As  a  condition  precedent  to  payment 
for  labor  done  or  labor  or  materials  furnished  to  a 
^»aidemand  tlre-d  structure  or  other  improvement,  the  party  making  the 
same  shall  be  entitled  to  demand,  from  the  person  en- 
titled thereto  a  receipt  stating  the  amount  thereof  and 
for  what  it  is  given. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  87 

SECTION  58. 
Purpose  of  Act  as  to  Rights  and  Liabilities. 

Sec.  58.     Nothing  herein  contained  shall  alter  or 

in  any  manner  affect  the  other  rights  and  liabilities  of 

those  entitled  to  file  claims  under  the  provisions  of  than  those  men- 

•  1         1  tione<i  in  Act- 
this  Act;  it  being  intended  hereby  only  to  furnish  and 

regulate  the  remedies  herein  set  forth,  and  to  provide 
means  for  the  enforcement  of  such  remedies;  but  a 
judgment  on  the  merits,  in  favor  of  or  against  the  con- 
tractor, shall  have  the  effect  of  debarring  any  further 
proceedings  against  him  personally. 


88  mechanics'  liens  in  Pennsylvania. 

SECTION  59. 
Appeals  to  Supreme  and  Superior  Courts. 

Sec.  59.  From  any  definite  judgment,  order  or 
when  appeal  ai-decree>  entered  by  the  Court  of  Common  Pleas  under 
any  of  the  provisions  of  this  Act,  or  from  the  refusal 
to  open  a  judgment  entered  by  default,  an  appeal  may 
be  taken  by  the  party  aggrieved  to  the  Supreme 
Court  or  Superior  Court,  as  in  other  cases. 

The  word  "definite"  preceding  the  words  "judgment,  order  or  decree" 
is  to  be  taken  as  "definitive"  as  opposed  to  interlocutory.  Kurrie  v.  Cot- 
tingham,  209  Pa.  12.  No  appeal  lies  from  an  order  discharging  a  rule  to 
strike  off  a  mechanics'  lien.    Breitweiser  v.  Scott,  33  Pa.  S.  C.  R.  627. 


MECHANICS'  LIEXS  IN  PENNSYLVANIA.  89 

SECTION  60. 
Application  of  the  Act. 

Sec  60.  This  Act  shall  apply  only  to  claims 
wherein  the  work  was  commenced  to  be  performed  or 
materials  were  commenced  to  be  furnished  after  the 
date  of  its  approval,  but  the  rights  of  claimants  under 
existing  laws  shall  remain  unaffected  by  its  passage. 


90  MECHANICS    LIENS   IN    PENNSYLVANIA. 

SECTION  61. 
Repeals. 

Repeals  Sec.  6i.     The  following  Acts  of  Assembly  and 

parts  of  Acts,  viz. : 

"An  Act  securing-  to  mechanics  and  others  pay- 
Act  of  March  17,  &  .  . 

1806-  ment  for  their  labor  and  materials,  in  erecting  any 

house  or  other  building  within  the  city  and  county  of 

Philadelphia,"     approved     March     seventeenth,     one 

thousand  eight  hundred  and  six.     (4  Sm.  Laws,  300.) 

"A  supplement  to  an  Act,  entitled  'An  Act  secur- 

Act  of  March  28,  rr  ' 

180S-  ing  to  mechanics  and  others  payment  for  their  labor 

and  materials,  in  erecting  any  house  or  other  building 
within  the  city  and  county  of  Philadelphia,'  ap- 
proved March  twenty-eighth,  one  thousand  eight  hun- 
dred and  eight.     (4  Sm.  Laws,  528.) 

Act   of  January         "An  ^ct  extending  an  Act,  entitled  'An  Act  se- 
2i,  1813.  curing  to   mechanics   and   others   payment  for  their 

labor  and  materials,  in  erecting  any  house  or  other 
building  within  the  city  and  county  of  Philadelphia,' 
to  the  borough  of  Beaver,  in  the  county  of  Beaver," 
approved  January  twenty-first,  one  thousand  eight 
hundred  and  thirteen.     (6  Sm.  Laws,  12.) 

Act  of  March  i,         "An  Act  extending  an  Act,  entitled  'An  Act  secur- 
1815'  ing  to  mechanics  and  others  payment  for  their  labor 

and  materials,  in  erecting  any  house  or  other  building 
within  the  city  and  county  of  Philadelphia,'  to  the 
borough  of  Marietta,  in  the  county  of  Lancaster,  and 
the  borough  of  Harrisburg,  in  the  county  of  Dau- 
phin," approved  March  first,  one  thousand  eight  hun- 
dred and  fifteen.  (6  Sm.  Laws,  250.) 
Act  of  March  22,  "An  Act  extending  the  benefits  of  an  Act,  enti- 

1817. 

tied  'An  Act  securing  to  mechanics  and  others  pay- 
ment for  their  labor  and  materials,  in  erecting  any 
house  or  other  building  within  the  city  and  county  of 


MECHANICS    LIENS  IN  PENNSYLVANIA.  91 

Philadelphia,'  to  the  mechanics  and  others  of  the  bor- 
ough of  Reading,  of  the  borough  of  West  Chester, 
and  of  the  towns  and  villages  adjacent  to  the  city  of 
Pittsburgh,  and  to  the  counties  of  Lancaster,  Mont- 
gomery, York,  Dauphin,  Franklin,  and  Lebanon,"  ap- 
proved March  twenty-second,  one  thousand  eight 
hundred  and  seventeen.    (6  Sm.  Laws,  445.) 

"An  Act  extending  the  benefits  of  an  Act,  enti-  Act  of  March  24 
tied  'An  Act  securing  to  mechanics  and  others  pay- 1818- 
ment  for  their  labor  and  materials,  in  erecting  any 
house  or  other  building  within  the  city  and  county  of 
Philadelphia,'  to  the  mechanics  and  others  of  the 
counties  of  Cumberland,  Northumberland,  Columbia, 
and  Beaver,  and  for  other  purposes,"  approved  March 
twenty-fourth,  one  thousand  eight  hundred  and  eigh- 
teen.    (7  Sm.  Laws,  119.) 

"An  Act  extending  an  Act,  entitled  'An  Act  se- 
curing to  mechanics  and  others  payment  for  their  la-  1821. 
bor  and  materials,  in  erecting  any  house  or  other 
building  within  the  city  and  county  of  Philadelphia,' 
to  the  counties  of  Delaware,  Bucks,  Luzerne,  and  Mif- 
flin," approved  March  seventh,  one  thousand  eight 
hundred  and  twenty-one.     (7  Sm.  Laws,  383.) 

"An  Act  extending  the  benefits  of  an  Act,  enti- 

&  Act   of  April   11, 

tied  'An  Act  securing  to  mechanics  and  others  pay- 1825. 
ment  for  their  labor  and  materials  in  erecting  any 
house  or  other  building  in  the  city  and  county  of  Phil- 
adelphia,' to  the  mechanics  and  others  in  the  counties 
of  Schuylkill,  Berks,  Erie,  Somerset,  and  Venango, 
and  for  other  purposes,"  approved  April  eleventh,  one 
thousand  eight  hundred  and  twenty-five.  (Pamphlet 
Laws,  162.) 

"An  Act  extending  the  benefits  of  an  Act,  enti- 

.      ,    ,  .  .  .  .  ,        , .  Act    of    April    10, 

tied    An  Act  securing  to  mechanics  and  others  pay- 1826. 
ment  for  their  labor  and  materials,  in  erecting  any 
house  or  other  building  in  the  city  and  county  of  Phil- 
adelphia,' to  the  mechanics  and  others  of  the  counties 
of  Crawford,  Lycoming,  Centre,  Clearfield,  and  Indi- 


92  MECHANICS     LIENS   IN   PENNSYLVANIA. 

ana,"  approved  April  tenth,  one  thousand  eight  hun- 
dred and  twenty-six.     (Pamphlet  Laws,  345.) 
Act  of  Apni  16,  Section  one  of  a  supplement  to  an  Act,  entitled 

1827.  .  rr 

"An  Act  securing  to  mechanics  and  others  payment 
for  their  labor  and  materials,  in  erecting  any  house  or 
other  building  within  the  city  and  county  of  Philadel- 
phia, and  for  other  purposes,"  approved  April  six- 
teenth, one  thousand  eight  hundred  and  twenty-seven. 
(Pamphlet  Laws,  446.) 

Act  of  February  "An  -Act  extending  an  Act,  entitled  'An  Act  se- 

4'  1830-  curing  to  mechanics  and  others  payment  for  their  la- 

bor and  materials,  in  erecting  any  house  or  other 
building  within  the  city  and  county  of  Philadelphia,' 
to  the  borough  of  Easton,  Northampton  county,"  ap- 
proved February  fourth,  one  thousand  eight  hundred 
and  thirty.     (Pamphlet  Laws,  37.) 

Act  of  January  "An  Act  extending  the  provisions  of  the  lien  laws 

28.  i83i.  tQ  tjle  piumbers  Gf  the  city  and  county  of  Philadel- 

phia," approved  January  twenty-eighth,  one  thousand 
eight  hundred  and  thirty-one.     (Pamphlet  Laws,  36.) 
Act  of  March  30,  "An  Act  extending  an  Act,  entitled  'An  Act  se- 

1831  • 

curing  to  mechanics  and  others  payment  for  their  la- 
bor and  materials,  in  erecting  any  house  or  other 
building  within  the  city  or  county  of  Philadelphia,' 
to  the  counties  of  Bedford,  Cambria,  Tioga,  and  Arm- 
strong," approved  March  thirtieth,  one  thousand  eight 
hundred  and  thirty-one.     (Pamphlet  Laws,  239.) 

Act  of  March  30  ""^n  ^ct  relative  to  tne  uens  of  mechanics  and 

1831-  others,"  approved  March  thirtieth,  one  thousand  eight 
hundred  and  thirty-one.     (Pamphlet  Laws,  242.) 

Act  of  May  7,  "An  Act  extending  'An  Act  securing  to  mechan- 

1832-  ics  and  others  payment  for  their  labor  and  materials, 
in  erecting  any  house  or  other  building  within  the 
cit3'  and  county  of  Philadelphia,'  to  the  counties  of 
Chester,  Butler,  and  Perry,"  approved  May  seventh, 
one  thousand  eight  hundred  and  thirty-two.  (Pam- 
phlet Laws,  539.) 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  93 

So  much  of  section  two  of  "An  Act  to  establish  Part  of  Section  2 
the  district  court  for  the  city  and  county  of  Philadel-  ^^  2|a  1835. 
phia,''  as  relates  to  actions  of  scire  facias  on  liens  of 
mechanics  and  materialmen,  approved  March  twenty- 
eight,   one   thousand   eight   hundred   and   thirty-five. 
(Pamphlet  Laws,  88.) 

Section  one  of  "An  Act  extending  the  mechan-  Section  1  of  the 
ics'  lien  law  to  the  counties  of  Warren  and  Juniata,  ig35°f  Apnl  11, 
and   for   other   purposes,"   approved   April    eleventh, 
one  thousand  eight  hundred  and  thirty-five.     (Pam- 
phlet Laws,  190.) 

"An  Act  to  extend  the  laws  relating  to  mechan-  Act  of  April  13. 

1835 

ics'  liens  to  the  counties  of  Washington,  Huntingdon, 
Mercer,  Beaver,  and  Allegheny,"  approved  April 
thirteenth,  one  thousand  eight  hundred  and  thirty- 
five.     (Pamphlet  Laws,  213.) 

Section  six  of  "An  Act  to  authorize  the  opening  section  6  of  the 

.._.,.  ,    T  ,  ,  act    of    April    1, 

and  extension  of  Robinson  and  Leacock  streets  and  1S36. 
Rebecca  street,  in  the  borough  of  Allegheny,  and  the 
opening  of  a  sixty  feet  wide  street  between  out-lots 
numbered  thirty-nine  and  forty  in  said  borough,  and 
for  other  purposes,"  approved  April  one,  one  thousand 
eight  hundred  and  thirty-six.     (Pamphlet  Laws,  400.) 

"An  Act  relating  to  the  lien  of  mechanics  and  oth-  Act  of  June  16 
ers   upon   buildings,"   approved   June   sixteenth,   one  1836- 
thousand  eight  hundred  and  thirty-six.      (Pamphlet 
Laws,  695.) 

Sections   nineteen   and   thirty   four  of   "An   Act  sections  19   and 

,  ,         .    .  -     ,  .    .        34   of   the   act  of 

granting  certain  powers  to  the  authorities  of  the  cities  April  16,  1838. 
of   Lancaster   and   Philadelphia,   and   for   other   pur- 
poses," approved  April  sixteenth,  one  thousand  eight 
hundred  and  thirty-eight.     (Pamphlet  Laws,  626.) 

Section  eight  of  "An  Act  relating  to  executions,  section  8  of  act 
and  for  other  purposes,"  approved  April  sixteenth,  one  i84o.pn 
thousand  eight  hundred  and  forty.     (Pamphlet  Laws. 
410.) 

Section  twenty-four  of  "An  Act  to  authorize  the  Section  24  of  Mt 
government  to  contract  with  the  corporation  of  the  if84opril  28, 


94  mechanics'  liens  in  Pennsylvania. 

borough  of  Harrisburg  for  supplying  the  public  build- 
ings with  water,  and  for  other  purposes,"  approved 
April  twenty-eighth,  one  thousand  eight  hundred  and 
forty.     (Pamphlet  Laws,  467.) 
section  14  of  act         Section  fourteen  of  "An  Act  to  incorporate  the 

of    March    19,  _,  , 

i84i.  Lancaster  County  Mutual  Insurance  Company,  and 

to  extend  the  Mechanics'  Lien  Law  to  the  county  of 
Clinton,"  approved  March  nineteenth,  one  thousand 
eight  hundred  and  forty-one.     (Pamphlet  Laws,  95.) 

section  22  of  act         Section  twenty-two  of  "An  Act  to  incorporate  the 

of  April   6,   1841.  _,  .        ,,  r     „.       .  . 

village  of  Clarion,  in  the  county  of  Clarion,  into  a 
borough,    and   for  other   purposes,"    approved   April 
sixth,    one   thousand   eight   hundred   and   forty-one. 
(Pamphlet  Laws,  155.) 
Act  of  February         "An  Act  supplementary  to  an  Act,  entitled  'An 

19,    1842.  1#  11 

Act  relating  to  the  lien  of  mechanics  and  others  upon 
buildings,'  passed  the  sixteenth  day  of  June,  one  thou- 
sand eight  hundred  and  thirty-six,"  approved  Febru- 
ary nineteen,  one  thousand  eight  hundred  and  forty- 
two.  (Pamphlet  Laws,  22.) 
section  i  of  sup-  Section  one  of  "A  further  supplement  to  the  Act, 

plement    approv-  <,.«««•■  ri 

ed   March  i2,    entitled   An  Act  to  establish  the  district  court  of  the 

1842. 

city  and  county  of  Philadelphia,'  passed  the  twenty- 
eighth  day  of  March,  one  thousand  eight  hundred  and 
thirty-five,  and  for  other  purposes,"  approved  March 
twelfth,  one  thousand  eight  hundred  and  forty-two. 
(Pamphlet  Laws,  66.) 

section  so  of  act  Section  thirty  of  "An  Act  to  appoint  commission- 

of^March  25,  ers  to  resurvey  and  mark  that  portion  of  the  county 
line  which  divides  the  township  of  Bristol,  in  the 
county  of  Philadelphia,  from  the  township  of  Chelten- 
ham, in  the  county  of  Montgomery,  and  for  other  pur- 
poses," approved  March  twenty-fifth,  one  thousand 
eight  hundred  and  forty-two.  (Pamphlet  Laws,  192.) 
section  3  of  act  Section  three  of  "An  Act  to  legalize  certain  pro- 
1842.  ceedings  in  the  Court  of  Common  Pleas  of  Adams 

county,  and  for  other  purposes,"  approved  March  thir- 


MECHANICS    LIENS  IN  PENNSYLVANIA.  95 

tieth,    one    thousand    eight    hundred    and    forty-two. 
(Pamphlet  Laws,  213.) 

Section   twenty-nine   of   "An  Act   annexing   the  section  29  of  act 

/  &  of    August    2, 

county  of  Schuylkill  to  the  eastern  district  of  the  Su- 1842- 
preme  Court,  and  for  other  purposes,"  approved  Au- 
gust two,  one  thousand  eight  hundred  and  forty-two. 
(Pamphlet  Laws,  458.) 

A  further  supplement  of  the  Act,  entitled  "An  Act  supplement  aP- 
relating  to  the  lien  of  mechanics  and  others  on  build-  i843e 
ings,"  approved  April  fifth,  one  thousand  eight  hun- 
dred and  forty-three.     (Pamphlet  Laws,  171.) 

"An  Act  to  incorporate  the  Manayunk  Fire  En-  Act  of  April  24, 
gine  Company,  of  the  county  of  Philadelphia,  and  for  1843' 
other  purposes,"  approved  April  twenty-fourth,  one 
thousand  eight  hundred  and  forty-three.     (Pamphlet 
Laws,  356.) 

A  further  supplement  to  "An  Act  relating  to  the  supplement  ap- 
lien  of  mechanics  and  others  on  buildings,"  approved  i844ed  March  19, 
March  nineteenth,  one  thousand  eight  hundred  and 
forty-four.    (Pamphlet  Laws,  140.) 

Section  nine  of  "An  Act  further  to  regulate  the  section  9  of  act 
proceedings  in  courts  of  justice,  and  for  other  pur-  of  May  6'  1844' 
poses,"  approved  May  sixth,  one  thousand  eight  hun- 
dred and  forty-four.     (Pamphlet  Laws,  564.) 

Section  five  of  "An  Act  concerning  certain  slier-  _    ..      _    .     . 

&  Section    5    of    act 

iffs'  and  coroners'  sales,  and  for  other  purposes,"  ap-  °g4:fpril  16' 
proved  April  sixteenth,  one  thousand  eight  hundred 
and  forty-five.     (Pamphlet  Laws,  538.) 

"Supplement  to  an  Act,  entitled  'An  Act  relating 

.       ,«       f  r  1  j       ,1  i-ii-  >  »  Supplement    ap- 

to  the  hen  of  mechanics  and  others  upon  buildings,      proved  March  11, 

184c- 
approved  March  eleventh,  one  thousand  eight  hun- 
dred and  forty-six.     (Pamphlet  Laws,  113.) 

Section  one  of  "A  supplement  to  the  Act,  entitled  section  1  of  act 
'An  Act  relating  to  the  lien  of  mechanics  and  others  i84^pril  13, 
upon  buildings,'  and  for  other  purposes,"   approved 
April    thirteenth,    one    thousand    eight    hundred    and 
forty-six.     (Pamphlet  Laws,  327.) 


96  MECHANICS'   LIENS   IN   PENNSYLVANIA. 

section  5  of  act         Section  five  of  "An  Act  extending  the  chancery 
?84April  10-       powers  of,  and  to  the  jurisdiction  and  proceedings  in, 
certain  courts,"  approved  April  tenth,  one  thousand 
eight    hundred    and    forty-eight.      (Pamphlet    Laws, 
448.) 
section  1  of  act  Section  one  of  "An  Act  relating  to  the  lien  6f  me- 

if849.anuary  23'  chanics'  and  others,  and  to  sales  to  enforce  the  pay- 
ment of  lien,"  passed  January  twenty-three,  one  thou- 
sand eight  hundred  and  forty-nine.  (Pamphlet  Laws, 
686.) 

supplement  aP-  "A  supplement  to  an  Act,  entitled  'An  Act  relat- 

proved  March  24,  ing  tQ  the  Hen  of  mechanics  an(j  others  upon  build- 
ings,' passed  the  sixteenth  day  of  June,  one  thousand 
eight  hundred  and  thirty-six,"  approved  March  twen- 
ty-fourth, one  thousand  eight  hundred  and  forty-nine. 
(Pamphlet  Laws,  675.) 
Act  of  April  9,  "An  Act  relative  to  mechanics'  liens  in  the  coun- 

1849-  ties  of  Westmoreland,  Columbia,  and  Elk,"  approved 

April  ninth,  one  thousand  eight  hundred  and  forty- 
nine.     (Pamphlet  Laws,  495.) 
section  38  of  act  Section  thirty-eight  of  "An  Act  relating  to  the 

i85apnl  25'  bail  of  executrixes,  to  partition  in  the  Orphans'  Court 
and  Common  Pleas,"  et  cetera,  passed  April  twenty- 
fifth,  one  thousand  eight  hundred  and  fifty.  (Pam- 
phlet Laws,  569.) 
section  9  of  act  Section  nine  of  "An  Act  to  incorporate  a  com- 
i85<xpril  26'  pany  to  build  a  plank  road  from  Titusville,  in  Craw- 
ford county,  to  Warren,  in  Warren  county,  and  rela- 
tive to  mechanics'  liens,"  et  cetera,  et  cetera,  approved 
April  twenty-sixth,  one  thousand  eight  hundred  and 

fifty.     (Pamphlet  Laws,  611.) 
section  38  of  act  Section  thirty-eight  of  "An  Act  to  incorporate  the 

i85i.arc  city  of  Carbondale,"  approved  March  fifteenth,  one 

thousand    eight   hundred   and   fifty-one.      (Pamphlet 

Laws,  163.) 
portion  of  sec-  So  much  of  section  fourteen  of  "An  Act  to  incor- 

tion  14  of  act  of 

April  14,  1851.  p0rate  the  Western  Insurance  Company,  relative  to 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  97 

the  tax  on  the  Lebanon  Valley  Railroad,"  et  cetera, 
et  cetera,  approved  April  fourteenth,  one  thousand 
eight  hundred  and  fifty-one,  (Pamphlet  Laws,  622), 
as  relates  to  the  liens  of  mechanics  and  material  men. 

An  Act  relative  to  mechanics'  liens  in  the  county  Act  of  April  21 
of  Schuylkill,  approved  April  twenty-first,  one  thou-1854- 
sand  eight  hundred  and  fifty-four.     (Pamphlet  Laws, 
428.) 

"A  supplement  to  an  Act,  entitled  'An  Act  relat-  Supplement  ap_ 
ing  to  the  lien  of  mechanics  and  others  upon  build-  H°^d  April  14, 
ings,'  passed  the  sixteenth  day  of  June,  one  thousand 
eight  hundred  and  thirty-six,"  approved  April  four- 
teenth,   one    thousand    eight    hundred    and   fifty-five. 
(Pamphlet  Laws,  238.) 

"A  further  supplement  to  an  'Act  relating  to  the  supplement  aP- 

„  ,  .  1,1  1       m  1-  >  1  proved    April    21, 

lien  of  mechanics  and  others  upon  buildings,    passed  iS56. 
the  sixteenth  day  of  June,  one  thousand  eight  hundred 
and  thirty-six,"  approved  April  twenty-one,  one  thou- 
sand eight  hundred  and  fifty-six.     (Pamphlet  Laws, 
496.) 

"An  Act  relative  to  mechanics'  liens,  in  the  coun-  Act  of  February 

'  17,    1858. 

ties  of  Luzerne  and  Schuylkill,"  approved  February 
seventeenth,  one  thousand  eight  hundred  and  fifty- 
eight.     (Pamphlet  Laws,  29.) 

"A  supplement  to  an  'Act  relating  to  the  lien  of  supplement  ap- 

proved   May    1, 

mechanics  and  others  upon  buildings,  approved  the  i86i. 
sixteenth  day  of  June,  one  thousand  eight  hundred 
and  thirty-six,  so  far  as  relates  to  certain  counties,' 
approved  May  first,  one  thousand  eight  hundred  and 
sixty-one.     (Pamphlet  Laws,  550.) 

"A  further  supplement  to  an  Act,  entitled  'An  Act  supplement   ap- 

1    ,  •  .11-  r  1  j       0  >  j  proved    April    9, 

relating  to  the  lien  of  mechanics  and  others,    passed  1S62. 
the  sixteenth  day  of  June,  one  thousand  eight  hundred 
and  thirty-six,"   approved  April  nine,   one  thousand 
eight  hundred  and  sixty-two.     (Pamphlet  Laws,  402.) 

"A  supplement  to  an  Act  relating  to  the  lien  of  supplement  ap- 

1  1.1  1       -u-  1    ;i       proved    April    22, 

mechanics  and  others,  upon  buildings,  approved  the  1863. 


g8  mechanics'  liens  in  Pennsylvania. 

sixteenth  day  of  June,  one  thousand  eight  hundred 
and  thirty-six,"  approved  April  twenty-second,  one 
thousand  eight  hundred  and  sixty-three.  (Pamphlet 
Laws,  529.) 

"A  further  supplement  to  an  Act  relating  to  the 

Supplement   ap-  l  A  ° 

i6°vi86jfebruary  nens  °f  mechanics  and  others,  upon  buildings,  ap- 
proved the  sixteenth  day  of  June,  one  thousand  eight 
hundred  and  thirty-six,  so  far  as  relates  to  certain 
counties,  and  supplement  thereto,  approved  May  first, 
one  thousand  eight  hundred  and  sixty-one,  extending 
the  same  to  Allegheny  county,"  approved  February 
sixteenth,  one  thousand  eight  hundred  and  sixty-five. 
(Pamphlet  Laws,  150.) 

Act  of  March  2i,  "An  Act  to  extend  the  provisions  of  an  Act,  enti- 

tled 'An  Act  relative  to  mechanics'  liens,  in  the  coun- 
ties of  Luzerne  and  Schuylkill,'  approved  February 
seventeenth,  one  thousand  eight  hundred  and  fifty- 
eight,  to  the  counties  of  Westmoreland  and  Alle- 
gheny," approved  March  twenty-first,  one  thousand 
eight  hundred  and  sixty-five  (incorrectly  printed  one 
thousand  eight  hundred  and  sixty-four).  (Pamphlet 
Laws,  433.) 

"An  Act  extending:  the  Act,  entitled  'A  supple- 
Act  of  March  22,  A  ,       .  ,  ,         .  , 

1865.  ment  to  an  Act  relating  to  the  hen  of  mechanics  and 

others  upon  buildings,  approved  the  sixteenth  day  of 
June,  one  thousand  eight  hundred  and  thirty-six,  so 
far  as  relates  to  certain  counties,'  approved  the 
first  day  of  May,  one  thousand  eight  hundred  and  six- 
ty-one, to  the  county  of  Lancaster,"  approved  March 
twenty-second,  one  thousand  eight  hundred  and  sixty- 
five.     (Pamphlet  Laws,  580.) 

"An  Act  to  extend  an  Act,  entitled  'A  supplement 

Act    of    February  t  m  rtr 

28.  1866.  to  an  Act  relating  to  the  lien  of  mechanics  and  others 

upon  buildings,  approved  the  sixteenth  day  of  June, 
one  thousand  eight  hundred  and  thirty-six,  so  far  as 
relates  to  certain  counties,'  to  Montgomery  county," 
approved  February  twenty-eighth,  one  thousand  eight 
hundred  and  sixty-six.     (Pamphlet  Laws,  127.) 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  99 

"An  Act  relative  to  mechanics'  liens  in  the  county  Act  of  April  4 
of  Schuylkill,"  approved  April  fourth,  one  thousand1866' 
eight  hundred  and  sixty-six.     (Pamphlet  Laws,  499-) 

"An  Act  to  extend  the  provisions  of  an  Act  rela-  Act  of  April  n, 

1  1866. 

tive  to  mechanics'  liens  in  the  counties  of  Luzerne  and 
Lawrence,  approved  seventeenth  February,  one  thou- 
sand eight  hundred  and  fifty-eight  to  the  counties  of 
Erie,  Crawford,  Venango,  and  Warren,"  approved 
April  eleventh,  one  thousand  eight  hundred  and  sixty- 
six.     (Pamphlet  Laws,  649.) 

"A  supplement  to  an  Act  relating  to  the  lien  of  Suppiement  aP- 
mechanics  and  others  upon  buildings,  extending  it  to  i4°vi867\eb 
York   county,"    approved    February   fourteenth,   one 
thousand  eight  hundred  and  sixty-seven.     (Pamphlet 
Laws,  211.) 

"An  Act  to  extend  the  provisions  of  an  Act,  enti-  Act  of  March  12, 
tied  'An  Act  relative  to  mechanics'  liens  in  the  coun- 1867' 
ties  of  Luzerne  and  Schuylkill,'  approved  February 
seventeenth,  one  thousand  eight  hundred  and  fifty- 
eight,  to  the  county  of  Northumberland,"  approved 
March  twelfth,  one  thousand  eight  hundred  and  sixty- 
seven.     (Pamphlet  Laws,  404.) 

"A  supplement  to  an  Act  relating  to  the  lien  of  supplement   aP- 

..  ,.  ...  proved    April    4, 

mechanics  and  others  upon  buildings,  extending  it  to  1867. 
the  county  of  Dauphin,"  approved  April  fourth,  one 
thousand  eight  hundred  and  sixty-seven.     (Pamphlet 
Laws,  748.) 

"A  supplement  to  an  Act  relating  to  the  lien  of  supplement  aP- 

1  11  1-11-  j    ii        proved    April    4, 

mechanics  and  others  upon  buildings,  approved  the  1867. 
sixteenth  day  of  June,  one  thousand  eight  hundred 
and  thirty-six,  to  apply  to  the  county  of  Chester,"  ap- 
proved April  fourth,  one  thousand  eight  hundred  and 
sixty-seven.     (Pamphlet  Laws,  749.) 

"A  supplement  to  an  Act  relating  to  the  lien  of  supplement  aP- 
mechanics  and  others  upon  buildings,  approved  the  lseY 
sixteenth  day  of  June,  one  thousand  eight  hundred 
and  thirty-six,  extending  it  to  the  counties  of  Blair 


IOO  MECHANICS    LIENS   IN   PENNSYLVANIA. 

and  Armstrong,"  approved  April  fourth,  one  thousand 
eight   hundred    and    sixty-seven.      (Pamphlet    Laws, 

755-) 
Act  of  April  io,  "An  Act  to  extend  the  provisions  of  an  Act  rela- 

1  OCT 

tive  to  the  mechanics'  liens  in  the  counties  of  Luzerne 
and  Schuylkill,  approved  seventeenth  of  February, 
one  thousand  eight  hundred  and  fifty-eight,  to  the 
county  of  Forest,"  approved  April  tenth,  one  thousand 
eight   hundred    and    sixty-seven.      (Pamphlet    Laws, 

I  IOO.) 

supplement  ap-  "A  further  supplement  to  an  Act  relating  to  the 

proved    February    .  ...  .  . 

27,  1868.  hen  of  mechanics  and  others  upon  buildings,  approved 

the  sixteenth  day  of  June,  one  thousand  eight  hun- 
dred and  thirty-six,  extending  the  same  to  improve- 
ments, machinery,  tanks  and  fixtures  about  oil  or 
other  refineries,"  approved  February  twenty-seventh, 
one  thousand  eight  hundred  and  sixty-eight.  (Pam- 
phlet Laws,  212.) 

supplement  ap-  "A  supplement  to  an  Act  relating  to  the  lien  of 

proved  March  20,  .  -         ,  i_     -u-  j- 

1868.  mechanics  and  others  upon  buildings,  extending  it  to 

Cumberland  and  Franklin  counties,"  approved 
March  twentieth,  one  thousand  eight  hundred  and 
sixty-eight.     (Pamphlet  Laws,  407.) 

Act  of  April  4,  "An  Act  to  extend  the  provisions  of  an  Act,  enti- 

tled 'An  Act  relative  to  mechanics'  liens  in  the  coun- 
ties of  Luzerne  and  Schuylkill,'  approved  February 
seventeenth,  one  thousand  eight  hundred  and  fifty- 
eight,  to  the  county  of  Carbon,"  approved  April 
fourth,  one  thousand  eight  hundred  and  sixty-eight. 
(Pamphlet  Laws,  680.) 

"An  Act  relating  to  the  lien  of  mechanics,  ma- 
Act  of  April   8,  i,i 

1868.  terial  men  and  laborers  upon  leasehold  estates  and 

property  thereon,  in  the  county  of  Venango,"  approv- 
ed April  eighth,  one  thousand  eight  hundred  and 
sixty-eight.     (Pamphlet  Laws,  752.) 

Act  of  April  13,  "An  Act  extending  the  provisions  of  an  Act,  enti- 

1868-  tied  'A  supplement  to  an  Act  relating  to  the  lien  of 


MECHANICS    LIENS  IN  PENNSYLVANIA.  IOI 

mechanics  and  others  upon  buildings,  approved  the 
sixteenth  day  of  June,  one  thousand  eight  hundred 
and  thirty-six,  extending  it  to  the  counties  of  Blair 
and  Armstrong,'  approved  the  fourth  day  of  April,  one 
thousand  eight  hundred  and  sixty-seven;  to  the 
county  of  Monroe,"  approved  April  thirteenth,  one 
thousand  eight  hundred  and  sixty-eight.  (Pamphlet 
Laws,  946.) 

"A  supplement  to  an  Act  relating  to  the  liens  of  supplement  ap- 

,  1       i(  ,      -,,•  e  c  proved  August  1, 

mechanics  and  others  upon  buildings  so  far  as  refers  1868. 
to  the  city  of  Philadelphia,  providing  for  the  speedy 
trial  of  certain  claims,"  approved  August  first,  one 
thousand  eight  hundred  and  sixty-eight.     (Pamphlet 
Laws,  1 168.) 

"An  Act  extending  the  provisions  of  an  Act,  enti-  Act  of  March  12. 
tied  'A  supplement  to  an  Act  relating  to  the  lien  of 
mechanics  and  others  upon  buildings,  approved  the 
sixteenth  day  of  June,  Anno  Domini  one  thousand 
eight  hundred  and  thirty-six,  so  far  as  relates  to  cer- 
tain counties,'  approved  the  first  day  of  May,  Anno 
Domini  one  thousand  eight  hundred  and  sixty-one,  to 
the  counties  of  Lycoming,  Erie,  Warren,  Venango 
and  Perry,"  approved  March  twelfth,  one  thousand 
eight  hundred  and  sixty-nine.     (Pamphlet  Laws,  339.) 

"An  Act  extending  the  provisions  of  an  Act  relat-  Act  of  March  18, 
ing  to  the  liens  of  mechanics,  material  men  and  la- 
borers, upon  leasehold  estates  and  property  thereon, 
in  the  county  of  Venango,  approved  April  eighth,  one 
thousand  eight  hundred  and  sixty-eight,  to  the  coun- 
ties of  Crawford,  Warren,  and  Clarion,"  approved 
March  eighteenth,  one  thousand  eight  hundred  and 
sixty-nine.     (Pamphlet  Laws,  410.) 

"An  Act  to  extend  the  provisions  of  a  supplement  . 

1  rr  Act  of  April   10, 

to  an  Act  relating  to  the  lien  of  mechanics  and  others  1869- 
upon    buildings,    extending    it    to    Cumberland    and 
Franklin  counties,  to  the  county  of  Northampton." 
approved  April  tenth,  one  thousand  eight  hundred  and 
sixty-nine.     (Pamphlet  Laws.  840.) 


102  MECHANICS'  LIENS   IN   PENNSYLVANIA. 

Act  of  April  13,  "An  Act  to  amend  an  Act  approved  April  eighth, 

one  thousand  eight  hundred  and  sixty-eight,  entitled 
'An  Act  relating  to  the  liens  of  mechanics,  material 
men  and  laborers,  upon  leasehold  estates  and  property 
thereon,  in  the  counties  of  Venango,  Crawford,  and 
Warren,'  and  declaring  the  true  intent  and  meaning 
thereof,"  approved  April  thirteenth,  one  thousand  eight 
hundred  and  sixty-nine.    (   Pamphlet  Laws,  887.) 

Act  of  February  "An  Act  extending  the  mechanics'   lien  law  to 

pavements  and  curbstones,  in  the  county  of  Perry," 
approved  February  third,  one  thousand  eight  hun- 
dred and  seventy.     (Pamphlet  Laws,  105.) 

"An  Act  to  extend  the  provisions  of  an  Act,  enti- 

i2Ct  i87oFebruarytled  'A  supplement  to  an  Act  relating  to  the  lien  of 
mechanics  and  others  upon  buildings,  so  far  as  re- 
lates to  certain  counties,'  approved  the  first  day  of 
May,  Anno  Domini  one  thousand  eight  hundred  and 
sixty-one,  to  the  county  of  Bucks,"  approved  Febru- 
ary twelve,  one  thousand  eight  hundred  and  seventy. 
(Pamphlet  Laws,  142.) 

"An  Act  to  extend  the  provisions  of  the  second 

Act  of  March  l,  section  of  an  Act  of  Assembly,  entitled  'An  Act  rela- 

187°-  tive  to  mechanics'  liens  in  the  counties  of  Westmore- 

land, Columbia,  and  Elk,'  to  the  county  of  Allegheny," 
approved  March  one,  one  thousand  eight  hundred 
and  seventy.     (Pamphlet  Laws,  282.) 

"An  Act  to  extend  the  provisions  of  an  Act,  enti- 
Artot  March  14.  tled  <A  supplement  to  an  Act  relating  to  the  lien  of 

mechanics  and  others  upon  buildings,  so  far  as  relates 
to  certain  counties,"  approved  the  first  day  of  May, 
Anno  Domini  one  thousand  eight  hundred  and  sixty- 
one,  to  the  counties  of  Carbon  and  Monroe,"  ap- 
proved March  fourteen,  one  thousand  eight  hundred 
and  seventy.     (Pamphlet  Laws,  430.) 

"An  Act  to  extend  the  provisions  of  an  Act,  enti- 

Act  of  March  16,  t 

1870.  tied  'An  Act  relating  to  the  hens  of  mechanics,  ma- 

terial men  and  laborers,  upon  leasehold  estates  and 


MECHANICS'  LIENS  IN   PENNSYLVANIA.  IO3 

property  thereon,  in  the  county  of  Venango,'  approved 
the  eighth  day  of  April,  Anno  Domini  one  thousand 
eight  hundred  and  sixty-eight ;  also,  the  provisions  of 
an  Act,  entitled  'An  Act  to  amend  an  Act  approved 
the  eighth  day  of  April,  one  thousand  eight  hundred 
and  sixty-eight,  entitled  'An  Act  relating  to  liens  of 
mechanics,  material  men  and  laborers,  upon  leasehold 
estates  and  property  thereon,  in  the  counties  of  Ven- 
ango, Crawford  and  Warren,'  and  declare  the  true 
intent  and  meaning  thereof,'  approved  April  thirteen, 
one  thousand  eight  hundred  and  sixty-nine,  to  the 
counties  of  Armstrong,  Clarion,  and  Butler,"  approved 
March  sixteen,  one  thousand  eight  hundred  and  sev- 
enty.    (Pamphlet  Laws,  452.) 

"An  Act  to  amend  an  Act  approved  April  eight,  Act  or  March  28> 
one  thousand  eight  hundred  and  sixty-eight,  entitled  18 
'An  Act  relating  to  the  liens  of  mechanics,  material- 
men and  laborers,  upon  leasehold  estates  and  property 
thereon,  in  the  counties  of  Venango,  Crawford,  and 
Warren,'  and  the  supplement  thereto,  approved  April 
thirteen,  one  thousand  eight  hundred  and  sixty-nine." 
approved  March  twenty-eight,  one  thousand  eight 
hundred  and  seventy.     (Pamphlet  Laws,  567.) 

"An  Act  to  extend  the  provisions  of  an  Act,  enti-  Act  of  Aprll  4i 
tied  'A  supplement  to  an  Act  relating  to  the  lien  of  187°" 
mechanics  and  others  upon  buildings,  so  far  as  relates 
to  certain  counties,'  approved  the  first  day  of  May,  one 
thousand  eight  hundred  and  sixty-one,  to  the  counties 
of  Lehigh  and  Union,"  approved  April  four,  one  thou- 
sand eight  hundred  and  seventy.  (Pamphlet  Laws. 
8570 

"An  Act  relating  to  mechanics'  liens  in  the  countv  .  .    ,  _  . 

<=>  -    Act    of    February 

of  Butler,"  approved  February  twenty,  one  thousand  20-  1871- 
eight  hundred   and  seventy-one.      (Pamphlet   Laws, 

"3-) 

"An  Act  to  extend  the  provisions  of  'An  Act  rela-  f^0'  May  10> 
tive  to  mechanics'  liens  in  the  counties  of  Luzerne 


104  MECHANICS     LIENS   IN    PENNSYLVANIA. 

and  Schuylkill,'  approved  the  seventeenth  day  of  Feb- 
ruary, one  thousand  eight  hundred  and  fifty-eight,  to 
the  counties  of  Bradford  and  Sullivan,"  approved  May 
ten,  one  thousand  eight  hundred  and  seventy-one. 
(Pamphlet  Laws,  668.) 
.  „     in  "A  supplement  to  an  Act,  entitled  'An  Act  rela- 

Act  of  May  10,  ctr 

1871-  tive  to  mechanics'  liens  in  the  counties  of  Westmore- 

land, Columbia,  and  Elk,'  extending  the  provisions  of 
the  second  section  to  the  county  of  Bradford,"  ap- 
proved May  ten,  one  thousand  eight  hundred  and  sev- 
enty-one.    (Pamphlet  Laws,  675.) 

supplement  ap-  "A  further  supplement  to  an  Act,  entitled  'An  Act 

proved  May  3,  rejatjng  to  ]jens  0f  mechanics  and  others  upon  build- 
ings,' approved  June  sixteen,  one  thousand  eight  hun- 
dred and  thirty-six,  so  far  as  the  same  relates  to  the 
counties  of  Bradford  and  Sullivan,"  approved  May 
thirteen,  one  thousand  eight  hundred  and  seventy-one. 
(Pamphlet  Laws,  844.) 

Act  of  May  19,  "An  Act  supplementary  to  an  Act  relating  to  me- 

chanics' liens  and  others,  approved  the  first  day  of 
May,  one  thousand  eight  hundred  and  sixty-one,  be 
extended  to  Lebanon  county,"  approved  May  nine- 
teen, one  thousand  eight  hundred  and  seventy-one. 
(Pamphlet  Laws,  952.) 

"An  Act  to  extend  to  Warren  county  the  pro- 
Act  of  May   19,       .    .  .  ,  a 

1871.  visions  of  an  Act,  entitled    An  Act  to  amend  an  Act 

approved  April  eight,  one  thousand  eight  hundred  and 
sixty-eight,  entitled  'An  Act  relating  to  liens  of  me- 
chanics, materialmen  and  laborers,  upon  leasehold 
estates  and  property  thereon,  in  the  counties  of  Ven- 
ango, Crawford  and  Warren,"  and  the  supplement 
thereto  approved  April  thirteen,  one  thousand  eight 
hundred  and  sixty-nine,'  approved  the  twenty-eighth 
day  of  March,  one  thousand  eight  hundred  and  sev- 
enty," approved  May  nineteen,  one  thousand  eight 
hundred  and  seventy-one.  (Pamphlet  Laws,  1008.) 
"A  supplement  to  an  Act,  entitled  'An  Act  relat- 

Supplement    ap-  r  r 

proved   May   23,jng  t0  Hens  of  mechanics,  materialmen  and  laborers, 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  IO5 

upon  leasehold  estates  and  property  thereon,  in  the 
county  of  Venango,'  approved  the  eighth  day  of  April, 
one  thousand  eight  hundred  and  sixty-eight,"  approv- 
ed May  twenty-three,  one  thousand  eight  hundred 
and  seventy-one.     (Pamphlet  Laws,  1068.) 

"A  supplement  to  an  Act,  entitled  'An  Act  to  ex-  Sui)plement  ap_ 
tend  the  provisions  of  an  Act,  entitled  'An  Act  relating  5^\f  May  26' 
to  the  liens  of  mechanics,,  materialmen  and  laborers, 
upon  leasehold  estates  and  property  thereon,  in  the 
county  of  Venango,'  approved  the  sixteenth  day  of 
March,  one  thousand  eight  hundred  and  seventy,  num- 
bered 444  of  the  Acts  of  Assembly  for  the  year  one 
thousand  eight  hundred  and  seventy,  be  extended  to 
the  counties  of  Armstrong,  Clarion,  and  Butler,"  ap- 
proved May  twenty-six,  one  thousand  eight  hundred 
and  seventy-one.     (Pamphlet  Laws,  1179.) 

"A  supplement  to  an  Act  relative  to  mechanics' 
liens  in  the  counties  of  Westmoreland,  Columbia,  and  ProvedmMay  26. 

1871 

Elk,  approved  April  nine,  one  thousand  eight  hundred 
and  forty-nine,  extending  the  provisions  of  said  Act 
to  Northumberland  county,"  approved  May  twenty- 
six,  one  thousand  eight  hundred  and  seventy-one. 
(Pamphlet  Laws,  1190.) 

"An  Act  to  extend  the  provisions  of  an  Act,  enti- 

^  ;  Art    of    May    28, 

tied  A  supplement  to  an  Act  relating  to  the  lien  ofis^i. 
mechanics  and  others  upon  buildings,  so  far  as  relates 
to  certain  counties,'  approved  the  first  day  of  May. 
one  thousand  eight  hundred  and  sixty-one,  to  the 
county  of  Centre,"  approved  May  twenty-six,  one 
thousand  eight  hundred  and  seventy-one.  (Pamphlet 
Laws,   1215.) 

"A  further  supplement  to  an  Act  relating  to  the 

..  .  ,  .  ,         ,  ,      .,  -.  Supplement    ap- 

lien  of  mechanics  and  others  upon  buildings,  approv-  proved  May  26, 
ed  the  sixteenth  day  of  June,  one  thousand  eight  hun- 
dred and  thirty-six,  so  far  as  the  same  relates  to  the 
counties  of  Lehigh  and  Northampton,"  approved 
May  twenty-six,  one  thousand  eight  hundred  and  sev- 
enty-one.    (Pamphlet  Laws,  1241.) 


106  MECHANICS'   LIENS   IN   PENNSYLVANIA. 

supplement  aP-  "A  supplement  to  an  Act,  entitled  'An  Act  relat- 

i8?2?d  Apnl  3,ing  to  the  lien  of  mechanics  and  others  upon  build- 
ings,' approved  the  sixteenth  day  of  June,  one  thou- 
sand eight  hundred  and  thirty-six,"  approved  April 
three,  one  thousand  eight  hundred  and  seventy-two. 
(Pamphlet  Laws,  857.) 
supplement  ap-  "A  supplement  to  an  Act,  entitled  'A  supplement 

proved  March  e.  tQ  an  Act  re]at{ng  to  the  lien  of  mechanics  and  others, 

upon  buildings,  so  far  as  refers  to  the  city  of  Phila- 
delphia,'   providing    for    a    speedy    trial    of    certain 
claims,"  approved  March  six.  one  thousand  eight  hun- 
dred and  seventy-three.     (Pamphlet  Laws,  215.) 
Act  of  March  1,  "An  Act  relating  to  the  liens  of  mechanics,  ma- 

terialmen   and   laborers   upon   leasehold   estates   and 
property  thereon,  in  the  county  of  Butler,"  approved 
March  seventh,  one  thousand  eight  hundred  and  sev- 
enty-three.    (Pamphlet  Laws,  219.) 
Act  of  March  27  "An  Act  to  extend  an  Act,  entitled  'An  Act  relat- 

1873'  ing  to  the  liens  of  mechanics,  materialmen  and  la- 

borers, upon  leasehold  estates  and  property  thereon, 
in  the  county  of  Venango,'  approved  April  eighth, 
one  thousand  eight  hundred  and  sixty-eight,  and  the 
several  supplements  thereto,  to  Forest  county,  and  to 
extend  the  lien  in  the  provisions  of  said  Act  to  real  es- 
tate," approved  March  twenty-seventh,  one  thousand 
eight  hundred  and  seventy-three.     (Pamphlet  Laws, 

437-) 
Act  of  April  l.  "An  Act  extending  the  provisions  of  the  several 

Acts  of  Assembly  relative  to  mechanics'  liens  to  lease- 
hold in  Allegheny  county,"  approved  April  first,  one 
thousand  eight  hundred  and  seventy-three.      (Pam- 
phlet Laws,  473.) 
supplement  ap-  "A  supplement  to  an  Act  relating  to  the  lien  of 

i873ed  Apnl  '  mechanics  and  materialmen,  and  to  extend  the  pro- 
visions thereof  to  Susquehanna  and  Wayne  counties, 
and  to  apply  to  painters  in  said  counties,"  approved 
April  first,  one  thousand  eight  hundred  and  seventy- 
three.     (Pamphlet  Laws,  476.) 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  IO7 

"A  supplement  to  an  Act,  entitled  'An  Act  relat-  Supplement  ap- 
ing to  the  lien  of  mechanics  and  others  upon  build- 1™$*  May  21, 
ings,'  approved  June  sixteenth,  one  thousand  eight 
hundred  and  thirty-six,  and  the  several  supplements 
thereto,"  approved  May  twenty-one,  one  thousand 
eight  hundred  and  seventy-eight.  (Pamphlet  Laws, 
76.) 

"An  Act  relating  to  mechanics'  liens,  and  author-  Act  of  June  11, 

1879 

izing  the  amendments  of  the  same,"  approved  June 
eleventh,  one  thousand  eight  hundred  and  seventy- 
nine.     (Pamphlet  Laws,  122.) 

"A  further  supplement  to  an  Act  relating  to  the  Supplement  aP- 
lien  of  mechanics  and  others  upon  buildings,  approved  %$£*  June 
the  sixteenth  day  of  June,  one  thousand  eight  hun- 
dred and  thirty-six,  and  extending  its  provisions  to 
embrace  liens  of  mechanics  and  laborers  upon  lease- 
hold estates  and  property  thereon,"  approved  June 
twenty-eighth,  one  thousand  eight  hundred  and  sev- 
enty-nine.    (Pamphlet  Laws,  182.) 

"An  Act  to  regulate  the  priority  of  liens  as  be-  Act  of  June  s, 

&  r  j  .       ,  1881. 

tween    advance    money,    mortgages    and    mechanics 
liens,"  approved  June  eighth,  one  thousand  eight  hun- 
dred and  eighty-one.     (Pamphlet  Laws,  56.) 

"A  supplement  to  an  Act  relating  to  the  lien  of  BSfSS  W. 
mechanics  and  others  upon  buildings,"  approved  May 
eighteenth,  one  thousand  eight  hundred  and  eighty- 
seven.     (Pamphlet  Laws,  118.) 

"An  Act  relating  to  the  liens  of  mechanics,  labor-  Act  rt  June  17 
ers  and  others  upon  leasehold  estates  and  properties  18ST- 
thereon,"  approved  June  seventeenth,  one  thousand 
eight  hundred  and  eighty-seven.     (Pamphlet  Laws, 
409.) 

"An  Act  relating  to  the  lien  of  mechanics  and  An  of  June  17, 

&  1S87. 

others  upon  buildings,"  approved  June  seventeenth, 
one  thousand  eight  hundred  and  eighty-seven.  (Pam- 
phlet Laws,  413.) 

"An  Act  securing  the  right  of  sub-contractors  to  A^ot  June  8- 
file  mechanics'  liens,  and  preventing  interference  with 


1895. 


IC>8  MECHANICS'   LIENS   IN    PENNSYLVANIA. 

this  right  by  contracts,"  approved  June  eighth,  one 
thousand  eight  hundred  and  ninety-one.  (Pamphlet 
Laws,  225.) 

"An  Act  relating  to  writs  of  scire  facias  upon  me- 

Act   of   May    16,  °  r 

1895-  chanics'  liens,  requiring  the  same  to  be  indexed  upon 

judgment  dockets,  and  requiring  terre-tenants  to  be 
made  parties  thereto,"  approved  May  sixteenth,  one 
thousand  eight  hundred  and  ninety-five.  (Pamphlet 
Laws,  84.) 

Act_of  June  26,  "An   Act   to   regulate  building  contracts  where 

such  contracts  have,  as  part  thereof,  either  incor- 
porate^ or  separately,  made  a  stipulation  that  no  me- 
chanics' lien  shall  be  filed  against  the  building,  wheth- 
er by  the  contractor  or  by  any  sub-contractor,  ma- 
terialman or  other  person;  requiring  that  such  stipula- 
tion shall  be  in  writing,  and  shall  be  recorded  in  the 
prothonotary's  office  in  the  county  in  which  the  land 
lies,"  approved  June  twenty-sixth,  one  thousand  eight 
hundred  and  ninety-five.     (Pamphlet  Laws  369.) 

Act  of  June  15,  "An  Act  to  amend  section  one  of  a  supplement 

to  an  Act,  entitled  'An  Act  relating  to  the  lien  of  me- 
chanics and  others  upon  buildings,'  passed  the  six- 
teenth day  of  June,  one  thousand  eight  hundred  and 
thirty-six,  which  supplement  was  approved  the  four- 
teenth day  of  April,  one  thousand  eight  hundred  and 
fifty-five,  and  extending  the  provisions  of  the  same 
to  include  gas  fixtures,  electric  light  fixtures  and 
wires,"  approved  June  fifteenth,  one  thousand  eight 
hundred  and  ninety-seven.     (Pamphlet  Laws,  155.) 

And  all  other  Acts  and  parts  of  Acts,  general, 
special  or  local,  appertaining  to  the  subject-matter 
covered  by  this  Act,  be  and  the  same  are  hereby  re- 
pealed; it  being  intended  that  this  Act  shall  furnish 
a  complete  and  exclusive  system  in  itself,  so  far  as  re- 
lates to  liens  for  labor  or  materials  commenced  to  be 
furnished  after  its  approval. 

Approved — The  4th  day  of  June,  A.  D.  1901. 


1897. 


Repeal. 


MECHANICS    LIENS  IN  PENNSYLVANIA.  IO9 


Practical  Hints  as  to  Mechanics'  Liens. 

The  judges  of  our  Pennsylvania  Courts  are  not  at  all  agreed  in  opin- 
ion as  to  the  Act  of  1901.  In  some  of  the  decisions  it  is  spoken  of  as  com- 
plex and  hard  to  understand,  while  in  other  decisions  the  Courts  seem  to 
regard  the  law  as  clear,  and  say  that  the  only  difficulty  is  that  of  being 
obliged  to  closely  adhere  to  it. 

In  the  use  of  any  Act  of  Assembly,  the  only  safe  rule  is  to  study  the 
text  of  the  Act;  but  in  the  study  and  use  of  this  Act,  both  professional 
men  and  laymen  will  find  aid  in  the  following  practical  hints,  which  are  of 
value  not  only  to  the  lawyer,  but  to  the  material-man  and  sub-contractor, 
who,  if  acquainted  with  the  requirements  to  be  fulfilled  by  him,  can  often 
keep  himself  so  protected  that  counsel,  when  consulted,  can  successfully 
file  a  lien.  From  them,  the  material-man  or  sub-contractor  can  also  learn 
in  what  classes  of  cases  he  may  not  file  a  lien  and  so  safeguard  himself 
by  taking  security  before  engaging  in  the  contract. 

1.  No  mechanics'  lien  may  be  filed  against  property  belonging  to 
the  state  or  any  sub-division  thereof.  For  such  claims,  a  remedy  is  found 
in  Sec.  6,  of  the  Act  of  1901  and  in  the  Act  of  May  6,  1909. 

2.  No  claim  can  be  filed  for  alterations  or  repairs  to,  or  for  fitting 
up  or  equipping  old  structures,  etc.,  with  machinery,  etc.,  unless  the  claim 
exceeds  one  hundred  dollars. 

3.  In  claims  for  alterations  and  repairs  to,  or  fitting  up  and  equip- 
ping old  structures  with  machinery,  etc.,  the  sub-contractor  must  on  or 
before  the  day  he  completed  his  work  or  furnished  the  last  of  his  ma- 
terials, give  notice  of  his  intention  to  file  a  claim  therefor,  if  the  amount 
due,  be  not  paid. 

4.  In  order  to  make  a  valid  claim  against  the  estate  of  the  owner 
for  improvements  to  leased  property,  it  must  appear  in  writing,  signed  by 
the  owner,  that  the  improvement  is  for  "his  immediate  use  and  benefit." 

5.  An  owner,  who  knowingly  and  without  objection  allows  a  per- 
son acting  as  owner,  to  make  a  contract  for  which  a  lien  could  be  filed, 
ratifies  the  contract  so  made,  and  a  lien  may  be  filed  as  if  the  contract  was 
made  by  the  owner. 

6.  A  contractor  need  not  give  any  notice  to  the  owner  of  his  inten- 
tion to  file  a  mechanics'  lien. 


110  MECHANICS    LIENS  IN   PENNSYLVANIA. 

7.  Any  sub-contractor  intending  to  file  a  mechanic's  claim  must 
give  notice  as  provided  in  the  eighth  section  as  amended  by  the  Act  of 
1909,  and  in  cases  of  alterations  and  repairs  to  old  buildings,  etc.,  must 
also  give  notice  as  provided  in  section  two  on  or  before  the  day  the  last 
work  is  done  or  last  material  is  furnished. 

8.  After  notice  of  intention  is  given  to  an  owner,  he  may  retain  out 
of  money  due  the  contractor  a  sum  sufficient  to  protect  him  from  loss. 

9.  Liens  against  tenancies  or  leaseholds  and  for  alterations  and 
repairs  and  for  fitting  up  or  equipping  old  structures  with  machinery,  etc., 
must  be  filed  within  three  months  after  the  claimant's  contract  is  com- 
pleted. For  new  constructions,  and  in  cases  other  than  above  six  months 
is  allowed  within  which  to  file  a  claim. 

10.  A  Sci.  Fa.  must  issue  within  two  years  from  the  filing  of  the 
lien,  and  be  reduced  to  verdict  or  judgment  within  five  years  from  issu- 
ance. 

11.  A  judgment  on  a  lien  must  be  revived  by  Sci.  Fa.  within  each 
recurring  five  years  thereafter. 

12.  The  contract  under  which  the  work  is  done  need  not  now  be 
set  out  in  the  lien. 

13.  Apportioned  liens  are  no  longer  allowed.  Separate  claims  must 
be  filed,  apportioning  the  total  amount  of  the  contract  among  them. 

14.  A  single  claim  may  be  filed  for  labor  or  materials  furnished  con- 
tinuously in  the  erection  of,  addition  to  or  removal  of  a  structure,  even 
where  done  under  several  contracts. 

15.  Contracts  waiving  the  right  of  lien  should  be  filed  in  the  office 
of  the  prothonotary  of  the  Court  of  Common  Pleas  of  the  county,  and 
indexed  in  the  judgment  index  with  the  contractor  as  defendant. 

16.  A  contract  waiving  the  right  of  lien  is  valid;  (a)  if  the  sub- 
contractor has  actual  notice  thereof  before  furnishing  labor  or  materials ; 

(b)  if  a  written  and  signed  contract  to  that  effect  has  been  filed  in  the  pro- 
thonotary's  office  prior  to  the  commencement  of  work  upon  the  ground; 

(c)  or  has  been  filed  within  ten  days  after  the  execution  of  the  principal 
contract;  (d)  or  has  been  filed  not  less  than  ten  days  prior  to  the  claim- 
ant's contract. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  Ill 

17.  Actual  notice  of  a  contract  impairing  the  rights  of  claimants, 
shall  be  given  to  those  to  be  affected  by  it  prior  to  making  contracts  with 
them,  and  failure  to  give  notice  shall  be  ground  for  rescission  and  recov- 
ery by  lien  by  the  one  ignorant  of  the  contract. 

18.  No  right  of  lien  exists  where  a  structure  is  destroyed  by  fire  or 
other  casualty.  In  case  of  destruction  by  fire  or  other  casualty  the  claim- 
ant may  by  bill  in  equity  compel  the  application  of  the  insurance  as  pro- 
vided in  Sec.  49. 

19.  Notice  must  be  given  to  the  owner  that  a  lien  has  been  filed, 
within  a  month  after  filing,  and  an  affidavit  filed  of  record  showing  the 
fact  and  manner  of  service. 

20.  Any  defendant  may  rule  a  claimant  to  issue  a  Sci.  Fa.  The  lien 
may  be  stricken  off  for  failure  to  obey  the  rule. 

21.  If  the  contractor  is  served  with  the  Sci.  Fa.  the  judgment  is  a 
personal  one  as  to  him,  but  as  to  the  owner  it  is  not  personal  except  for 
costs. 

22.  The  issue  on  a  mechanics'  lien  is  made  up  of  the  Sci.  Fa.,  the 
affidavit  of  defence  and  the  replication  if  any  be  required ;  otherwise,  of 
the  Sci.  Fa.,  and  affidavit  of  defence. 

23.  Amendments  are  liberally  allowed  saving  intervening  rights,  ex- 
cept where  they  undertake  to  substitute  a  different  property  or  party  after 
the  time  for  filing  has  expired. 

24.  Parties  may  now  demand  receipts  for  payments  for  labor  or  ma- 
terial furnished  to  a  structure  or  improvement. 

25.  Appeals  are  taken  as  in  other  cases  to  the  Superior  or  Supreme 
Courts. 


MECHANICS    LIENS  IN  PENNSYLVANIA.  II3 


FORMS. 


Notice  of  Intention  to  File  Lien  for  Alterations,  Repairs  or 

Additions. 


Under  §  2. 


To  ,  Owner. 


Sir: — Notice  is  hereby  given  that  a  Lien  will  be  filed  against  the 
building  and  premises for (here  specify  kind  of  ma- 
terials or  nature  of  work)  furnished  by  me  for  and  about  the 

alterations,  repairs  and  additions  to  said  building  of  which  you  are  the 

owner  or  reputed  owner  and the  contractor  therefor,  unless  the 

same  be  paid  upon  completion;  in  accordance  with  the  provisions  of  the 
Act  of  Assembly  of  June  4,  1901. 


Sub-Contractor  and  Claimant. 


Notice  by  Sub-Contractor  to  Owner  of  Intention  to  File  a  Lien 

Under  the  Act  of  March  24.TH,  1909,  Amending  Section 

8  of  the  Mechanics'  Lien  Act  of  1901. 

To  ,  Owner. 

Notice  is  hereby  given  that  a  lien  will  be  filed  by  me  against  premises 

No. Street,  for  materials  furnished  (or  work  done) 

amounting  to Dollars,  in  accordance  with  the  terms  of  the  ac- 
companying affidavit,  unless  said  claim  be  forthwith  paid  and  satisfied. 


Sub-Contractor. 


114  mechanics   liens  in  pennsylvania. 

Affidavit  to  Accompany  Notice. 


Commonwealth  of  Pennsylvania, 
County  of 


wss. 


vs. 


,  being  duly  sworn  according  to  law,  deposes  and  says  that 

he  is  a  sub-contractor  having  furnished  labor  or  material  for  and  toward 
the  erection  and  construction  (or  alteration  and  repair  to,  as  the  case  may 

be)  of  the  premises  No. Street,  in  the  City  of 

and  County  of ;  that  the  name  of  the  person  with  whom  deponent 

contracted  is ;  the  amount  alleged  to  be  still  due  to  deponent  is 

Dollars ;  the   nature  of   the  labor  or  materials   furnished   is 

,  and  the  date  when  the  last  work  was  done  or  the  last  material 

furnished  is  — ;  all  of  which  facts  are  true  to  the  best  of  deponent's 

knowledge  and  belief. 

Sworn  to  and  subscribed  before  me 

this  day   of  ,  A. 

D.  19 . 

Lien  by  Sub-Contractor  for  Labor  or  Materials  Furnished  for  a 

New  Building. 


In  the  Court  of  Common  Pleas  No.  ,  for  the  County  of 


vs. 

Term 


Owner  or  reputed  owner  No. 

and 


M.  L.  D. 


Contractor. 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  115 

of  the of files  this  lien  against , 


owner,  and  against  ,  contractor,  and  against  all  that  certain 

(here  insert  a  particular  description  of  the  building,  giving  height,  size 

and  other  data  necessary  for  identification)  and  lot  of  ground 

situate  (here  insert  the  description  of  the  lot,  giving  definite  dimensions 
and  boundaries)  on side  of and  hereinafter  more  par- 
ticularly described  for  labor  done  and  materials  furnished  and  supplied 
for  and  toward  the  erection  of  said  building  and  necessary  for  its  con- 
struction and  thereupon  makes  the  following  statement  of  his  claim. 

1.     The  name  of  the  claimant  is . 


2.  The  name  of  the  owner  of  the  building  or  structure  at  the  time 
of  the  furnishing  of  the  labor  and  material  hereinafter  mentioned  and  the 

attaching  of  the  lien  thereof  was and  the  building  still  belongs 

to . 

3.  The  name  of  the  party  with  whom  the  said  claimant 

contracted  was  and  is  and  the  name  of  the  general  contractor 

for  the  building  was  and  is . 

4.  The  name  of  the  architect  is  .     The  amount  or  sum 

claimed  to  be  due  is  $ ,  and  is  made  up  as  follows:  (Here  insert 

a  particular  statement  as  to  the  contract  under  which  the  lien  is  claimed 
annexing  a  copy  of  the  contract  and  specifications  therein  referred  to.) 

5.  The  nature  and  kind  of  the  work  done  and  the  kind  and  amount 

of  the  materials  furnished  to  said  building  by  the  said ,  claimant 

under  said  contract,  is  set  out  as  far  as  possible  in  the  detailed  statement 

hereto  annexed  and  made  a  part  hereof  and  marked  Exhibit  . 

Said  work  may  be  described  as ;  the  work  and  labor  done  and 

the  materials  furnished  by  the  claimant  are  set  forth  in  detail  in  said 

Exhibit  .     Claimant  avers  that  said  work  and  labor  shown  in 

said  detailed  statement  were  actually  done  and  performed  in  connection 
with  and  in  performance  of  said  contract  and  in  the  erection  and  con- 
struction of  said  building,  and  that  the  materials  set  forth  in  said  state- 
ment were  actually  used  and  furnished  for  and  toward  and  in  and  about 
the  erection  and  construction  thereof :  that  the  prices  charged  in  said  de- 
tailed statement  for  said  work  and  materials,  were  and  are  the  fair  market 
value  thereof. 


Il6  MECHANICS'  LIENS  IN   PENNSYLVANIA. 

6.  The  said  work  and  labor  was  done  and  said  materials  were  fur- 
nished and  supplied  continuously  between  day  of  , 

19 ,  and day  of ,  19 . 

7.  The  lien  is  claimed  against  the  fee  (or  any  lesser  estate  if  such  be 
the  fact)  and  is  claimed  from ,  being  the  date  of  the  visible  com- 
mencement upon  the  ground  of  the  work  of  building. 

8.  The  locality  of  the  structure  against  which  the  lien  is  claimed  is 
side  of in  the  City  of .     The  structure  is  a 


(here  insert  a  description  of  the  structure  giving  size,  number  of  stories 
and  material  of  which  it  is  constructed).    The  real  estate  on  which  said 

structure  is  situated  is  a  lot  of  ground  situate  on  the  side  of 

in  the  City  of  described  as  follows :  (Here  insert  a 

description  by  metes  and  bounds).  Said  structure  occupied  the  whole  of 
said  lot  except ,  which  is  essential  to  its  use  and  is  used  as  appur- 
tenant thereto  and  as  its  curtilage. 

9.     Claimant  avers  that  written  notice  of  intention  to  file  this  claim 

duly  prepared  and  sworn  to  was  served  upon ,  the  defendant,  on 

the day  of ,  19 ,  at by  handing  said  notice 

to and  making acquainted  with  the  contents  thereof  in 

accordance  with  the  provisions  of  the  Act  of  Assembly  of  June  4,  1901. 


Claimant. 

County  of ss. 

,  being  duly  sworn  according  to  law,  deposes  and  says  that 

he  is  (or  one  of)  the  claimant  above  named,  and  that  the  facts  set  forth 
in  the  foregoing  claim  are  true  to  the  best  of  his  own  knowledge  and 
belief,  and  so  far  as  they  are  derived  from  information  of  others,  that  he 
has  made  a  careful  examination  and  inquiry  as  to  the  truth  thereof,  and 
as  a  result  of  such  examination  and  inquiry,  he  believes  them  to  be  true. 

Sworn  to  and  subscribed  before  me 

this  day  of  ,  A. 

D.  19 . 


mechanics'  liens  in  pennsylvania.  117 

Averment  in  Liens  for  Repairs,  Alterations  and  Additions. 

Appended  to  the  foregoing  general  form  of  Lien,  must  be  added  this 
proviso. 

This  claimant  gave  written  notice  to  said owner  or  reputed 

owner  of  the  property  aforesaid,  at  (or  before)  the  day  the  claimant  fur- 
nished the  last  of  his  materials  (or  completed  the  last  of  his  work)  herein- 
before specifically  set  forth,  in  or  about  the  repair,  alteration  and  addition, 
of  the  building  described  herein,  of  his  (or  their)  intention  to  file  a  Lien 
against  the  same  for  the  materials  so  furnished  (or  work  done)  by  leaving 

said  notice  with at  on  the day  of , 

A.  D.  19 ,  in  accordance  with  the  provisions  of  the  Act  of  Assembly 

of  June  4,  1 90 1. 

Note. — In  paragraph  four  I  have  inserted  a  suggestion  that  a  copy 
of  the  contract  and  specifications,  with  a  statement  of  the  claim  be  in- 
serted. This  is  not  required  by  the  Act  of  1905,  but  in  my  judgment  is  a 
wise  precaution. 


Notice  by  Owner  to  Contractor  to  Pay  Claim. 

Under  §  9. 


To 


Sir: — Notice  is  hereby  given  that  I  have  been  served  by 


with  a  statement  of  claim  and  notice  of  his  intention  to  file  a  Lien  against 

premises ,  for  which  you  are  the  contractor,  (copies  of  which  are 

herewith  enclosed)  and  unless  said  claim  is  settled  within  fifteen  days 
hereafter,  or  I  am  furnished  with  a  sworn  statement  setting  forth  wherein 
it  is  intended  to  be  disputed,  I  shall  pay  the  same  and  deduct  the  amount 
thereof  from  the  contract  price  or  hold  you  personally  liable  for  any  loss. 

(Owner.) 


Notice  of  Filing  of  Lien. 

Under  §  21. 

To ,  Owner. 

Take  notice  that  I  have  filed  a  Mechanics'  claim  against  the  premises 


n8 


No. 


MECHANICS    LIENS   IN   PENNSYLVANIA. 


for  the  sum  of 

mon  Pleas  No.  — 
Term,   19 ,  No. 


Street,  of  which  you  are  owner  or  reputed  owner, 

-  Dollars.    Said  lien  is  filed  in  the  Court  of  Com- 

—  of  the  County  of  as  of  


and  was  filed  on  the 


day  of 


19- 


Claimant. 

Note  : — In  addition  to  serving  this  notice,  an  affidavit  must  be  made 
and  filed  of  record  within  a  month  of  the  filing  of  the  claim,  showing  the 
fact  and  manner  of  the  service  of  such  notice. 


Rules  taken  under  this  Act  should  be  prepared  in  accordance  with  the 
forms  heretofore  usually  used  in  such  cases.  No  form  of  petition  or  bill 
can  be  prepared,  which  may  be  regarded  as  a  standard  to  be  used  under  all 
the  different  sections.  Each  petition  or  bill  to  be  filed  under  the  Act  must 
be  adapted  to  the  peculiar  circumstances  of  the  particular  case,  and  should 
be  drawn  following  as  closely,  the  phraseology  of  the  Act,  as  may  be  pos- 
sible, and  having  also  in  mind  the  general  rules  of  Court  with  reference 
to  petitions  and  bills  in  equity. 


MECHANICS    LIENS  IN  PENNSYLVANIA. 


II9 


INDEX. 


ACCEPTANCE— 

Service  of  Sci.  Fa 

Service  of  Sci.  Fa.  to  revive 

ACTS  OF  ASSEMBLY— 

Application    

Repeal    

ADDITIONS   (See  Alterations) 

When  treated  as  an  erection  

ADMISSIONS— 

Security  for  stay  treated  as 

By   owner    

By  contractor   

In  pleadings    

ADVANCE  MONEY  MORTGAGE  

ADVERTISEMENT— 

Scire    Facias     

AFFIDAVIT— 

By  contractor  to  notice  of  intention  to  file  claim 

To    claim     

As  to  real  owners 

Of  service  of  notice  of  filing  claim  

To  writ  of  summons    

By  defendant  in  suit  for  labor  and  materials 

To  petition  for  amendment   

Must  be  made  to  petitions,  answers,  etc 

AFFIDAVIT  OF  DEFENCE— 

Judgment  for  want  of  generally   

Judgment  for  want  of,  against  contractor 

Rule  for  insufficient   

Replication  to  may  be  required 

AGREEMENT— 

Waiver  of  right  to  file  claim  

For  payment  in  other  than  legal  tender   

For  payment  at  specified  times  


Section 

Page 

33 

57 

41 

67 

60 

89 

61 

90 

48 

74 

48 

74 

48 

74 

52 

81 

13 


33 


31 


0/ 


8 

18.20 

11 

26,29 

23 

21 

41.44 

28 

52 

28 

52 

51 

78 

52 

81 

34 

58 

34 

58 

34 

58 

34 

58 

15 

34,35 

16 

37 

17 

39 

120 


MECHANICS    LIENS   IN   PENNSYLVANIA. 


AGREEMENT— Continued. 

To  be  indexed  by  prothonotary  . 
For  third  parties  to  intervene  . 
For  substitution  of  new  security 
To  amend  record    


Section 

Page 

18 

40 

24 

47 

50 

77 

51 

78 

ALIAS  AND  PLUMES  WRITS  (See  Writs.) 


ALTERATIONS,  REPAIRS,  ETC.— 

Lien  for   

Amount  of  repairs    

Notice  of   

Against  estate  of  owner   

Written  consent  of  owner  necessary  in  leaseholds 

Time  lien  takes  effect    

Preferences     

AMENDMENTS— 

To  what  allowed    

How  made   

When  allowed   

AMICABLE— 

Writs  of  Sci.  Fa 

Writ  of  Sci.  Fa.  to  revive   

ANSWERS— 

Must  be  under  oath   

Time  for  filing   

APPEALS— 

When    allowed    

APPORTIONED  CLAIMS— 

Abolished    

APPRAISERS— 

Appointment  of,  to  assess  value  where  structures  are  alone 

sold    

To  determine  value  of  leaseholds   

ARCHITECT— 

Referred  to  as  contractor,  etc 

ASSIGNMENTS— 

By  sub-contractor    

Of  claims  generally   

Equitable    


2 

5 

2 

6 

2 

6 

2 

ti 

2 

6 

13 

31 

13 

31 

51 

78 

51 

78 

51 

78 

32 

5« 

40 

65 

52 

81 

52 

81 

59 


12 


38 
47 


88 


30 


63 
73 


9 

22 

26 

50 

26 

50 

MECHANICS'  LIENS  IN  PENNSYLVANIA. 

Section' 
ASSIGNEE— 

Filing  of  claim  by    26 

ATTACHMENT— 

Upon  third  parties  by  summons  28 

BANKRUPTCY— 

Proceedings    20 

Effect  on  contracts 20 

Effect  on  claims  20 

BILL  IN  EQUITY— 

To  restrain  from  filing  lien   15 

BONA  FIDE— 

Holder  without  notice  of  removal    27 


121 

Page 

50 

54 


42 
42 

42 


35 


51 


BONDS    (See  Security) 


BUILDER— 

Referred  to  as  contractor,  etc. 


BUILDINGS    (See  contractors) 


CLAIM— 

Against  estate  of  owner    

Against   public   work    

Against  municipal  work    

Rule  on  claimant  to  file  

How  entered  upon  rule    

Notice  by  sub-contractor  of  intention  to  file 

Prosecution  and  filing    

Who   may   file    

What  to  be  set  forth   

To  be  sworn  to   (Act  of  1901 )    

Upon  continuous  account   

Kinds    

Single   claims    

Apportioned  abolished  

Waiver  of  right  to  file   

By  third  parties  when  stricken  off 

Effect  of  bankruptcy,  insolvency  or  death   .  .  . 

Notice  to  owner  after  filing 

Errors  in  contents  of  claim  filed    

Assignment    

Effect  of  removal  of  structure 

When  stricken  off  after  rule  to  issue  Sci.  Fa. 


2 

6 

6 

12 

6 

13 

7 

17 

7 

17 

8 

18 

10 

23 

11 

24 

11 

24 

11 

26 

12 

30 

12 

30 

12 

30 

12 

30 

15 

34 

16 

37 

20 

42 

21 

43 

23 

46 

26 

50 

27 

51 

31 

55 

122 


MECHANICS    LIENS  IN   PENNSYLVANIA. 


Section  Page 
CLAIM— Continued. 

Stay  of  proceedings  generally   48  74 

When  considered  sufficient  notice  to  owner's  creditors,  etc.  51  78 

Abatement    55  84 

CLAIMANT— 

Definition  of   1  * 

May  be  ruled  to  file  lien  7  17 

Impairment  of  rights  by  contract 19  41 

Notice  to  owner  of  filing  of  claim 21  43 

Substitution  of  defendants    24  47 

Petition  to  alone  sell  structure    38  62 

Rights  to  fire  insurance  49  75 

Entry  of  satisfaction  54  83 

COLLATERAL  SECURITY— 

Effect    15  34 

Assignment  of  claims   26  50 

CONTINUOUS  ACCOUNT    12  30 

CONTRACTOR— 

Definition  of    1  * 

Misrepresentation  as  to    5  11 

When  treated  as  agent  of   5  11 

To  give  security  in  public  work    6  12 

Duty  of  notice  of  claim  by  owner 9  22 

Defence  of  claim 9  22 

Costs     9  22 

Admission  of  evidence 15  34 

Agreements  as  to  payments   16  &   17  37-39 

Bankruptcy,  insolvency  or  death  20  42 

Judgment  against    35  59 

Execution     ^5  59 

Personal  defences  to  claim  36  60 

Admission  by  entry  of  security   48  74 

Distribution   of   funds    55  84 

Effect  of  judgment  generally 58  87 

CONTRACTS— 

By  committee  of  lunatic  2  5 

By  guardians    2  5 

By  trustee   2  5 

Invalid,  effect  of 5  11 

Evidence     15  34 

To  be  indexed  when  filed  18  40 

Impairing  rights  of  claimant   19  41 

Rescission     19  41 

Notice  of    19  41 

Effect  of  bankruptcy,  insolvency  or  death 20  42 


MECHANICS'  LIENS  IN  PENNSYLVANIA.  I23 

Section  Page 
CONVEYANCES— 

When  to  defeat  lien   13                      31 

COSTS— 

Liability  of  contractor   35                      59 

Liability  of  owner   37                      61 

CORPORATIONS  (Quasi  Public.) 

Executions*    against    46                      72 

COUNSEL  FEES— 

Where  contractor  fails  to  defend  9                      22 

CREDITOR— 

Right  to  sequestration  after  judgment  39                      64 

CURTILAGE— 

Definition     3                        8 

Subject  to  lien   3                        8 

DAMAGES— 

Assessment    of     34                      58 

DEATH— 

Effect  on  contracts  and  claims   20                       42 

DECREE  OF   COURT— 

For  payment  in  other  than  legal  tender  16                      38 

Upon  petition  of  use-claimant  22                       45 

For  discharge  of  liens    25                       43 

To  alone  sell  structures 38                      62 

DEFENDANTS— 

Intervening  third  parties   24                       47 

Substitution    of    24                       47 

Discharge  of  liens  by   25                      48 

DEFENCE— 

By  contractor  after  notice  of  claim   9                      22 

Upon  suit  by  summons    30                      54 

Personal    defences    36                      60 

For  minor  defects  in  work   36                       60 

By  owner  pro  tanto 36                       60 

DEFINITIONS— 

Structure  or  other  improvements  1                         3 

Owner 1                         3 


Section 

Page 

1 

3 

1 

3 

1 

4 

1 

4 

3 

8 

22 

45 

124  MECHANICS'   LIENS  IN   PENNSYLVANIA. 


DEFINITIONS— Continued. 

Contractor    

Sub-contractor     • 

Claimant     

Property     

Curtilage    

Use  claimant  

DEPOSITIONS— 

Upon  petition  for  error  in  claim  23  46 

DISCHARGE— 

Of   liens    25  48 

DISCONTINUANCE— 

After  Sci.  Fa.  is  issued 31  55 

DISPUTE— 

Amounts  due  use-claimant  22  45 

DISTRIBUTION— 

When  structure  is  alone  sold 

Funds  realized  from  sale  of  franchises 

Funds  where  divided  proportionately  

To  use-claimants 

To    sub-contractors    

To    owner     

Priority     

ENTRY— 

Satisfaction  of  claim  54  83 

EQUITABLE    ASSIGNMENT    (See   Assignment.) 

ERECTIONS— 

Additions  treated  as   3  8 

Labor  and  materials  treated  as  3  8 

ERROR— 

In  claim  filed   23  46 

ESTATES— 

Of  owner,  claim  against  2  6 

ESTOPPEL— 

Waiver  by   15  34 


38 

62 

46 

72 

55 

84 

55 

84 

55 

84 

55 

84 

56 

85 

MECHANICS'   LIENS  IN  PENNSYLVANIA.  125 

Section  Page 

EVIDENCE— 

Admissibility  of  contracts  against  sub-contractor 15  34 

Admissibility   of   contracts   against   owner    15  34 

Admissibility  of  contracts  against  contractor   15  34 

Finding  of  fact  by  court  upon  rules 52  81 

EXECUTION— 

Stay  where  payments  not  due 17  39 

Against  contractor    35  59 

For    costs    37  61 

By  levari  facias    44  70 

Upon  structures  in  several  counties 45  71 

Against  quasi  public  corporations    46  72 

EXPIRATION— 

Of  stay   48  74 

FILING— 

Of   claims    10-11  23-24 

Of  waiver    10  23 

Of  agreement  for  payment  16-17  37-39 

Of  affidavit  of  service  of  notice  of  filing  claim 21  43 

Of  claim  of  assignee   26  50 

Of  affidavit  of  defence    34  58 

Extension  of  time  as  to  records,  etc 51  78-79 

Of  answers 52  81 

Of  replications    52  81 

FINDINGS  OF  THE  COURT  AS  EVIDENCE   52  81 

FIRE  INSURANCE  (See  Insurance.) 

FIXTURES— 

Liens  against    13  31-32 

FORFEITURES— 

Of  leasehold    13  31-32 

FORM— 

Writ  of  summons 

Writ  of  scire  facias 

Writ  of  scire  facias  to  revive  

Writ  of  levari  facias 

General  forms  

GARNISHEE— 

Attachment  of  third  parties  as 28  52 


29 

53 

32 

56 

40 

65-66 

44 

70 

113 

126 


MECHANICS'   LIENS   IN   PENNSYLVANIA. 


HABERE  FACIAS  POSSESSIONEM— 
Issuance  of  writs  


Section 
39 


Page 
64 


INCUMBRANCE  of  liens 


13 


31-32 


INSOLVENCY    (See  bankruptcy.) 

INSURANCE— 

Claimant's   rights    49 

INTEREST— 

Of  owner  to  what  extent  bound  by  claim  for  alterations, 

etc 13 

ISSUE— 

Made  by  Sci.  Fa.  affidavit  and  replication  34 

JUDGMENT— 

Limitation  for  recovery   10 

When    final     10 

Revival  of   10-40 

For  want  of  affidavit  of  defence 34 

Effect  against  contractor  35 

Marked  to  use  of  owner   35 

Opening 35 

Effect  against  owner  37 

Debarring  of  further  proceedings    58 

Bar  to  other  actions  against  contractor  58 

JUDGMENT  CREDITOR    (See  Creditor.) 


75-76 


31-32 


58 


23 

23 

23,  65-66 

58 
59 
59 
59 
61 
87 
87 


JUDGMENT  INDEX— 

What  records  to  be  entered   

JURY  TRIAL— 

Upon  proceedings  for  error  in  claim   . . 
Upon  proceedings  for  discharge  of  lien 

LABOR  AND  MATERIALS— 

When  treated  as  an  erection   

For  public  purposes    

Furnished   continuously    

Suits  and  attachments   

Priority  and  distribution  of  funds 

Receipt   for   payment    

Application  of  act   


43 


69 


23 

46 

25 

48 

3 

8-9 

6 

12-16 

12 

30 

28 

52 

56 

85 

57 

86 

60 

89 

MECHANICS    LIENS  IN  PENNSYLVANIA. 

LEASEHOLD— 

Forfeiture  of  

Judicial  sale  of    

Purchase  by  owner    

LEVARI  FACIAS— 

Form  

Against  structures  in  different  counties    


127 

Section 

Page 

13 

31-32 

47 

73 

47 

73 

44 

70 

45 

71 

LIABILITIES   (See  Rights  and  Liabilities.) 


LIENS   (See  claims.) 

What  are   subject  to   

Work  for  public  purposes    

Property  excepted  from   

Alterations  and  repairs   

Curtilage    subject    to    

Incumbrance    of     

When  to  take  effect 

Preference     

Errors  in  claim  filed    

Discharge    of    

Revival  of  claim    

LIS    PENDENS— 

Order  for  jury  trial  entered  as   

MATERIALS   (See  Labor  and  Materials.) 
Presumption  as  to  delivery    

MATERIAL  MAN— 

Defined  as  contractor  and  sub-contractor 


2 

5-7 

2 

5-7 

2 

5-7 

2 

5-7 

3 

8-9 

13 

31-32 

13 

31-32 

13 

31-32 

23 

40 

25 

48 

40 

65-60 

23 


46 


8-9 


MORTGAGES    (See  Advance  Money  Mortgages. 


MUNICIPAL  CONTRACTS— 

Claims    for    

NON  SUIT— 

By    claimant     

When   compulsory    

Effect   of  compulsory    

NOTICE— 

Of  alterations  and  repairs  by  sub-contractor  .  . . 
Of  repudiation  of  acts  of  third  parties  by  owner 


12.  10 


31 

55 

31 

55 

37 

61 

2 

5-7 

4 

10 

128  MECHANICS'  LIENS  IN   PENNSYLVANIA. 

Section  Page 
NOTICE— Continued. 

By  sub-contractor 

Of  public  work   6  12-1G 

Of  intention  to  file  lien   8  18-21 

By  owner 

To  contractor  of  claim  of  sub-contractor    9  22 

Of  kind  of  payment   16  37-38 

Of   time   of   payment    17  39 

To  claimant  of  agreement  impairing  rights 19  41 

To  owner  of  filing  of  claim   21  43-44 

Bona  fide  holder  without 27  51 

To  issue   scire   facias    31  55 

By  advertisement  of  scire  facias    33  57 

By  advertisement  of  scire  facias  to  revive   41  67 

When  claim  considered  as  such  to  owner's  creditors,  etc..  51  78-80 

Requiring  proof  of  facts  found  by  Court   52  82 

Service  generally    53  82 

To  satisfy  claim    54  83 

OWNER— 

Definition     1  3 

Claim  against  estate   2  6 

Liability  for  repairs  by  tenant   2  6 

Bound  by  acts  of  third  parties   4  10 

Exceptions    4  10 

Ratification  of  acts  of  third  parties    4  10 

Repudiation  of  acts  of  third  parties   4  10 

Contractor  treated  as  agent   5  11 

How  protected,  pending  proceedings  on  claim    7  17 

How  protected  after  notice  of  claim  by  sub-contractor. . . .  8-9  18-22 

To  give  notice  to  contractor  of  claim  of  sub-contractor  . .  9  22 

Payment  of  sub-contractor    9  22 

Waiver  of  scire  facias    10  23 

Extent  of  interest  bound   by  claims   for  alterations   and 

repairs    13  31 

Admission  of  evidence    15  34 

Agreements  as  to  payment   16-17  37, 39 

Bankruptcy   and   insolvency    20  42 

Death    20  42 

Notice  of  filing  of  claim    21  43 

Judgment  marked  to  use   35  59 

Effect  of  final  judgment 37  61 

Liability  for   costs    37  61 

Payment  into  court  to  prevent  sale  of  structures 38  62 

Security  given  to  prevent  sale  of  structures 38  63 

Purchase  of  leasehold  estates   47  73 

Admission  by  entry  of  security   48  74 

Subrogation  to  bond  of  contractor  48  74 

Distribution  of  funds   55  84 


MECHANICS    LIENS  IN  PENNSYLVANIA. 

PAYMENT— 

Of  money  into  court 

By  the  Commonwealth   

By  the  owner  of  balance  due  on  contract 

For  discharge  of  liens    

For  surety — effect  of  

By  owner,  of  judgment  on  claim   

By  owner  to  prevent  sale  of  structures   

Retention    by    owner    

By  owner  to  sub-contractor   

In  other  than  legal  tender   

At  specified  times    

Receipt  as  condition  precedent    

PENALTY  FOR  REFUSAL  TO  SATISFY    

PERSONAL— 

Judgment   against    contractor    

Defences  by  contractor    

petition- 
To  ascertain  value  of  property   

By  owner  for  relief  where  payment  to  be  other  than  legal 

tender    

Of  use-claimant  to  determine  interest  in  claim   

For  error  in  claim  tiled    

For  discharge  of  lien    

By  contractor  to  open  judgment   

For  writ  of  habere  facias  possessionem    

By  claimant   for  interest  in  insurance    

For  amendment    

Must  be  under  oath    

Service  of  generally    

PLEADINGS— 

Extension  of  time  for  filing   

Admissions     

PLURIES  (See  Writs.) 

POSTING— 

Of  repudiation  of  contract  by  owner   

Of  scire  facias   

Of  scire  facias  to  revive   

PRACTICE    (See  Proceedings.) 

PREFERENCE— 

Lien  for  alteration  and  repairs    


129 

Section 

Page 

6 

12 

17 

39 

25 

48 

26 

50 

35 

59 

38 

62 

7 

17 

9 

22 

16 

37 

17 

39 

57 

88 

54 


35 
36 


14 


83 


59 
60 


33 


16 

37 

22 

45 

23 

46 

25 

48 

35 

59 

39 

64 

49 

75 

51 

78 

52 

81 

53 

82 

51 

78 

52 

81 

4 

10 

33 

57 

41 

67 

13 


31 


130 


MECHANICS    LIENS   IN   PENNSYLVANIA. 


Section  Page 
PRESUMPTION— 

Of  ratification  by  owner    4  10 

PRIORITY— 

Distribution  of  funds  in  legal  proceedings    56  85 

PROCEEDINGS— 

Where  claim  is  unpaid 

For    public    purposes    6  12 

When  amount  is  disputed    6  12 

Rule  to  file  lien    7  17 

Prosecution  and  filing  of  liens    10  23 

Verdict  and  judgment  on  claim    10  23 

To   ascertain  value   of   property    14  33 

Upon    contracts    providing    for   other    than    legal    tender 

payments    16  37 

In  bankruptcy  or  insolvency  20  42 

By    use-claimant    22  45 

Upon  error  in  claim  filed 23  46 

For  discharge  of  lien   25  48 

Upon  suit  for  labor  and  materials   28  52 

Upon  alias  and  pluries  writs  of  summons   30  54 

To  compel  issuance  of  scire  facias  31  55 

Upon  writs  of  scire  facias    33  57 

By  contractor  to  open  judgment    35  59 

By  complainant  to  sell  structure  alone    38  62 

Scire  facias  to  revive    42  63 

PROPERTY— 

Definition    1  4 

Of  lunatic    2  5 

Of  minor    2  5 

In  trust    2  5 

Sale  of  parts  14  33 

Ascertainment  of  value    14  33 

Execution  against  quasi-public  corporations    46  72 

PRO  TANTO— 

Defences  by  contractor    36  60 

PROTECTION— 

Of  owner  after  notice  of  claim  by  sub-contractor 9  22 

PROTHONOTARY— 

To  index  contracts  filed  18  40 

To    approve    security     50  77 


MECHANICS    LIENS  IN  PENNSYLVANIA. 


PUBLIC   PURPOSES— 

Work    for    

Security    required    

PURCHASERS— 

Removal    of    structures    

Title  by  sheriff  sale    

Title  to  leasehold  estates,  etc 

QUASHING— 

Of   summons    

QUASI,  PUBLIC  CORPORATIONS    (see  Corporations.) 

RATIFICATION— 

By  owners  of  acts  of  third  parties 

When    presumed    

RECEIPT— 

Condition  precedent  to  payment 57 

RESCISSION— 

Contracts  impairing  claimants'  rights    

Contracts,  after  bankruptcy  or  insolvency   

RECORDS— 

Indexed     

Extension  of  time  for  filing   

RECOVERY— 

Against  uncompleted  structures   

RELEASE— 

When  operative  as  a  waiver  

Effect  against  use-claimant  after  rule  on  owner 

RENTS— 

Sequestration    

REPAIRS    (See  Alterations.) 

REMOVAL— 

Structures    

Court  to  enjoin   

Bona  fide  holder  without  notice    

Of  structures  by  purchaser  


131 

Section 

Page 

2 

5 

6 

12 

38 

63 

45 

71 

47 

73 

28 


19 


15 
22 


39 


52 


10 
10 


86 


19 

41 

20 

42 

43 

69 

51 

78 

41 


34 
45 


64 


27 

51 

27 

51 

27 

51 

38 

63 

I32  MECHANICS'   LIENS  IN    PENNSYLVANIA. 

Section  Page 

REPEALS    61  90 

REPLICATION— 

Rule  to  file   34  58 

Time  of  filing  52  81 

Must  be  under  oath   52  81 

REPUDIATION— 

By  owner  of  acts  of  third  parties   4  10 

RETENTION— 

By  owner  of  funds  pending  disposal  of  claim 8  18 

By  owner  of  funds  after  notice  by  sub- contractor  8  18 

RETURN— 

Writs  of  scire  facias   33  57 

Writs  of  scire  facias  to  revive  41  67 

Of  rules  generally   52  81 

RIGHTS  AND  LIABILITIES— 

Effect  of  act   58  87 

RULES— 

On  claimant  to  file  lien   7  17 

To  be  entered  M.  L.  D 7  17 

Discharge  of   liens    25  48 

Upon  claimant  to  file  affidavit  of  amount  due 25  48 

Insufficient   affidavit   of   defence    34  58 

To  file  replication    34  58 

To  alone  sell  structure   38  62 

Return    52  81 

Service    generally     53  82 

Upon  petition  of  use-claimant   22  45 

SALE  (Judicial.) 

Distribution   of   funds    14-55  33-84 

Parts  of  property    14  33 

Of  structure  separate  from  land   38  62 

Leasehold  or  other  tenancies   47  73 

Title  of  purchasers    45  71 

SATISFACTION— 

When  to  be  entered  by  claimant   54  83 

Refusal    54  83 


MECHANICS    LIENS  IN  PENNSYLVANIA.  I  33 

SCIRE   FACIAS— 

Limitation  as  to  issuance   

Waived  by  owner    

Notice  to  issue   

Form  of  writ   

Proceedings     

Service    

Return  may  be  required  

To  revive  lien    

Amicable   revival    

Service    

Proceedings    generally     

SECURITY— 

Required  by  Comm.  in  public  work   

When  collateral — effect  upon  right  to  file  claim 

For  discharge  of  liens    

In  suit  for  labor  and  materials  

By  owner  to  prevent  sale  of  structure  , 

For  stay  of  proceedings   

Requirements  generally    

Approval  by  prothonotary   

When  limited  to  certain  property  

Substitution     

SEQUESTRATION— 

By  judgment  creditor   39  64 

SEQUESTRATORS— 

Appointment  and  duties  39  64 

SERVICE— 

Of  notice  of  sub-contractor  of  intention  to  file  lien 

Of  notice  upon  owner  of  filing  claim 

Of  petition  and  rule  by  use-claimant  

Of  alias  and  pluries  writs  of  summons  

Of  writs  of  scire  facias  generally   

On  terre  tenant   

Of  writs  of  scire  lacias  to  revive 

Of  notice  requiring  proofs  of  facts  by  court 

Of  notices,  rules  and  petitions  generally 

SHERIFF'S  SALE— 

Title  of  purchaser   

SINGLE  CLAIM    


Section 

Page 

10 

23 

10 

23 

31 

55 

32 

56 

33 

57 

33 

57 

33 

57 

40 

65 

40 

65 

41 

67 

42 

68 

6 

12 

15 

34 

25 

48 

28 

52 

38 

63 

48 

74 

50 

77 

50 

77 

50 

77 

50 

77 

8 

18 

21 

43 

22 

45 

30 

54 

33 

57 

40 

66 

41 

67 

52 

81 

53 

82 

45 

71 

12 

30 

134 


MECHANICS    LIENS   IN   PENNSYLVANIA. 


Section 


Page 


STAY— 

Of  judicial  sale 

Of  execution  where  payments  not  due  

Of  proceedings  upon  error  in  claim  

Of  proceedings  upon  claims  generally  

Expiration 

STATEMENT— 

Rule  for  more  specific    

STRIKING  OFF— 

Of  claims  for  refusal  to  issue  Sci.  Fa 

Of  claim  for  refusal  to  file  more  specific  statement  . .  . 
For  failure  of  notice  of  filing  of  claim,  etc 

STRUCTURES  OR  OTHER  IMPROVEMENTS— 

Definition    

Subject   to   lien    

Limit  as  to  liability  to  certain  claims   

Rights  against  when  uncompleted   

Removal  or  detachment   : . . 

Petition  to  sell  separate  from  land .*. 

Removal  by  purchaser    

Execution  in  several  counties    

SUBROGATION— 

Owner  to  contractor's  bond  

By  claimant  against  owner    

SUB-CONTRACTOR— 

Definition    

To  give  notice 

For  public  work    

Of  intention  to  file  lien    

Assignment  to  owner    

Admissions  as  evidence    

Bound  by  contracts  filed   

Distribution  of  fund    

SUIT— 

For  labor  and  materials    

For  penalty  for  refusal  to  satisfy  lien 

SUMMONS— 

Quashing 

Writs    

Alias  and  pluries  writs   


14 

33 

17 

39 

23 

46 

48 

74 

48 

74 

36 


60 


31 

55 

36 

60 

21 

43 

1 

3 

2 

5 

17 

39 

19 

41 

27 

51 

38 

62 

38 

63 

45 

71 

48 

74 

49 

75 

6 

12 

8 

18 

9 

22 

15 

34 

18 

40 

55 

84 

28 

52 

54 

83 

28 

52 

29 

53 

30 

54 

MECHANICS    LIENS  IN  PENNSYLVANIA. 

SUPERINTENDENT— 

Referred  to  as  contractor 1 

SUPREME  AND  SUPERIOR  COURT— 

Appeals     59 

SURETY— 

Payment  by    26 

Effect   of    26 

TENANT— 

Liability  of  owner  for  repairs  by  2 

TERRE  TENANT— 

Service  of  scire  facias  to  revive  40 

THIRD  PARTIES— 

When  owner  bound  by  acts  4 

Repudiation  of  acts  by  owner  4 

Intervention    16-24 

Claims   stricken    off    16 

Attachments    23 

TITLE— 

By  purchaser  at  sheriff's  sale  45 

USE  CLAIMANT— 

Definition   22 

Petition  to  intervene  in  claim   22 

Protection  after  service  of  petition,  etc.,  of  interest 22 

Distribution  of  funds   55 

VERDICT— 

Limitation  of  entry 10 

WAIVER— 

By  owner,  of  scire  facias    10 

Of  right  to  file  claim 

By  agreement    15 

By  estoppel   15 

By  release    15 

WORK  AND  MATERIALS    (See  Labor  and  Materials.) 


135 

]'A..f. 

3 

88 


50 
50 


66 


10 
10 
38-47 
38 
52 


71 


45 
45 
45 

84 


23 


23 

34 

34 
34 


I36  MECHANICS'  LIENS  IN   PENNSYLVANIA. 


WRITS— 

Summons 

Alias  and  pluries  summons 

Scire  facias — form   

Habere  facias  possessionem 

Scire  facias  to  revive 

Levari   facias — form    


Section 

Page 

29 

53 

30 

54 

32 

56 

39 

64 

40 

65 

44 

70 

mai  tlRRARY  FACILITY 


AA      000  213  581    2 


